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HomeMy WebLinkAbout00-07898WESTWOOD HILLS ASSOCIATES, LLC, Plaintiff V. WESTWOOD VILLAGE COMMUNITY ASSOCIATION, ET AL. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2000-07898 STATEMENT OF INTENTION TO PROCEED TO THE COURT: matter. Date: Westwood Hills Associates, LLC intends to proceed with the above-captioned STEVENS O'E 1-112 , 2003 By Ronald M. Lucas Attorney I.D. No. 18343 Charles M. Suhr Attorney I.D. No. 72923 4750 Lindle Road P.O.Box 11670 Harrisburg, PA 17108-1670 (717) 561-5242 Attorneys for Plaintiff Westwood Hills Associates, LLC SLl 391525v l /68380.001 CERTIFICATE OF SERVICE I, CHARLES M. SUHR, ESQUIRE, certify that on this date, I served a certified true and correct copy of the foregoing STATEMENT OF INTENTION TO PROCEED upon the following parties of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Westwood Village Community Association 650 Westwood Drive Enola, PA 17025 Katherine N. Porr William H. Bopp 825 Brian Drive Enola, PA 17025 David E. Sweet Killi L. Sweet 234 Brian Drive Enola, PA 17025 Charles M. Suhr Date: 04o6`% 22 2003 SLl 391525v1/68380.001 G.) Y3 Tj1 O rt;.. L 7 V . . N - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WESTWOOD HILLS ASSOCIATES, LLC, Plaintiff v WESTWOOD VILLAGE COMMUNITY ASSOCIATION, KATHERINE N. PORR, and WILLIAM H. BOPP, and DAVID E. SWEET and KELLI L. SWEET Defendants No. 49 - 7,5w li.! PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: Please issue a Writ of Summons in the above-captioned action. Writ of Sumons shall be issued and forward to ( ) Attorney (X) Sheriff. Ronald M. Lucas, Esquire Eckert Seamans Cherin & Mellott 213 Market Street Eighth Floor Harrisburg PA 17101 Signature of Att orney Supreme ,C,eo?'t # T3 `? 3 Date: J/A/ F a 00 0 &Zs6 r A JW 40dOA VIA-LA' &Mme)Aoi)/ /V664C, 6 61 Lc/rGAJado 44 v- FNOLA fW A?7,,,,ej s /UAW AeJd &JlczipM X1 (&PP ?'dl4? 46, /4"'6R.(V<E, (FAJOAA 1 104 agV7b F,S[rle'ET !GAUD G?',Avddt,o t PA IIdLL1 ?. S'JFd;7 f kz> CT- Commonwealth of Pennsylvania County of Cumberland Westwood Hills Associates, LLC, VS. Westwood Village Community Association 650 Westwood Drive Enola, PA Katherine N. Porr and William H. Bopp 825 Brian Drive Court of Common Pleas Enola, PA No. ---- 00-_7898-Civil ----------------- 19---- David E. Sweet and Kelli L. Sweet 234 Brian Drive Civil-Action---Law . Enola, PA To -Westwood _Villas Community_Association, Katherine N. Porr, and Willaim H. Hopp, and David E. Sweet and Kelli L. Sweet You are hereby notified that Westwood Hills Associates, LLC the Plaintiff has commenced an action in ______ against you which you are required to defend or a default judgment may be entered against you. (SEAL) laug ------------------- Prothonotary Date November 8, 2000-----fix B ------------------------- -- y ---- - ----- Deputy a , , , , w n o , Fi. H. n PV z " BFI x m a . r• rt;3 n r ?r N x a rt a I-j PV rt n ( D D - N rt O r ' O > n N a , , % CD x 'D p r (D Cq i E O H N ? r r• q , 3 fD ' N 00 rt rt m w b £ m a m m rt g 0 E r•r.o a r w o p r rt a ar- r- x ol 0 r ? x a r w b7 •r N rromn ro M o m r• m Q N C m a w rt z r- ° k H. O a n n trl S m N rt 0 0 a x r• N N b N m 0 r• a rt m N r x 0 0 0 i 00 a, m c e i e SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-07898 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WESTWOOD HILLS ASSOCIATES LLC VS WESTWOOD VILLAGE COMMUNITY RL R. Thomas Kline .00 77.70 12/11/2000 ECKERT, SEAMANS, CHERIN duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: PORR KATHERINE N but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within WRIT OF SUMMONS On December 11th , 2000 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge DEP. YORK CO Sworn and subscribed to before me this /9'4-6 day of A_Q,? d-ow A. D. Q1W.a 0 ? Prothonotary , Sheriff or Deputy Sheriff who being So answe .00 9 9.00 10.00 R. ,'Thomas Kline 52.70 Sheriff of Cumberland County w CASE NO: 2000-07898 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WESTWOOD HILLS ASSOCIATES LLC VS WESTWOOD VILLAGE COMMUNITY RL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS WESTWOOD VILLAGE COMMUNITY ASSOCIATION DEFENDANT the at 0019:29 HOURS, on the 7th day of December , 2000 at 843 MELISSA COURT PA 17025 was served upon by handing to ALISE WOLFE (WIFE OF TONY WOLFE, PRES. OF ASSOCIATI a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.30 Affidavit .00 Surcharge 10.00 .00 37.30 Sworn and Subscribed to before me this /d y day of /Ueeew 8w ?OVC7 A. D. rothonotary So Answeers?: f?? t R. Thomas Kline 12/11/2000 ECKERT, SEAMANS & CHERIN By: Dep?4y Sheriff / SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2000-07898 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WESTWOOD HILLS ASSOCIATES LLC VS WESTWOOD VILLAGE COMMUNITY RL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT BOPP WILLIAM H but was unable to locate Him deputized the sheriff of YORK serve the within WRIT OF SUMMONS County, Pennsylvania, to On December 11th , 2000 , this office was in receipt of the attached return from YORK Sheriff's Costs Docketing 6.00 Out of County .00 Surcharge 10.00 .00 .00 16.00 12/11/2000 ECKERT, SEAMANS, So answ R omas Kline Sheriff of Cumberland County CHERIN Sworn and subscribed to before me this 5'A?- day of d [nn? A. D. n a- ? Od / Prothonotary' to wit: in his bailiwick. He therefore SHERIFF'S RETURN - REGULAR CASE NO: 2000-07898 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WESTWOOD HILLS ASSOCIATES LLC VS WESTWOOD VILLAGE COMMUNITY RL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS SWEET DAVID E was served upon DEFENDANT the , at 0018:06 HOURS, on the 7th day of December , 2000 at 741 MEADOW DRIVE CAMP HILL, PA 17011 by handing to DAVID E. SWEET a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 9.30 Affidavit .00 Surcharge 10.00 .00 25.30 Sworn and Subscribed to before me this s'4- day of 16Q[•• i^ VUi -?0 A. D. 'Prothonotary' So Answers: R. Thomas Kline 12/11/2000 ECKERT, SEAMANS, CHERIN, By: SHERIFF'S RETURN - REGULAR CASE NO: 2000-07898 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WESTWOOD HILLS ASSOCIATES LLC VS WESTWOOD VILLAGE COMMUNITY RL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS SWEET KELLI L DEFENDANT was served upon the , at 0018:06 HOURS, on the 7th day of December , 2000 at 741 MEADOW DRIVE CAMP HILL, PA 17011 KELLI L. SWARTZ by handing to a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 So Ans R. Thomas Kline 12/11/2000 ECKERT, Sworn and Subscribed to before By: me this L41 day of ea hill) A.D. 7kothonotaGJ y I Of 2 COUNTY OF YORK OFFICE OF THE SHERIFF S(717) 17 ?9 0L 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 9 TO 12 DO NOT DETACH ANY COPIES. 1 WesFwood Hills Assocl.az-es TiJes i-wnod r7; l l -JQ-?Aqp ,^-,-; T 4-. TYPE OF WRIT OR COMPLAINT Wri.! of Summons SERVE _ ...._..._ .._ _........., _ ... ......_... _._.. _ __..._ _.. __ _........ ...._. _..... _ _ Ka'-hE Sri ne N. pnrr B9P1' 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO_, CITY, BORO, TNP, STATE AND ZIP CODE AT ' 90 S? ei aprwa l i- RnT T nTa New Clnnhar? anrj DA 1 °1070 7. INDICATE SERVICE: 0 PERSONAL 0 PERSON IN CHARGE .3Q DEPUTIZEh IM 1?XFFITA"w O 1ST CLASS MAIL O POSTED 0 OTHER NOW /no 20 I, SHERIFF OF FI&/IPROUN P tto hereby d the sheriff of o <. ; COUNTY to exec et e' rcording to law. This deputation being made at the request and risk of the plaintiff. 4 Cumher'.and O,UT OF COUNTY ADVANCED FEE PAID BYATTY. XXXXXX _ CUMBERLAND NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME AND ADDRESS of ATTORNEY/ ORIGINATOR and SIGNATURE HAR.RISBUR, P 10. TELEPHONE NUMBER 11. DATE FILED ECKERT, SEAMANS, CHERIN « mellott 213 MARKET ST. 8THFL. 17101 237-6000 11-8-00 12. SEND NOTICE OF SERVICE COPY NAME AND ADDRESS BELOW; (This area must be completed if notice Is to be mailed). CUMBERLAND COUNTY SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LINE 13. 1 acknowledge receipt of the writ 14, DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. R. AHREN$ 12- - 16. HOW SERVED: PERSONAL RESIDENCE POSTED( ) POE ( ) SHERIFF'S OFF( ) OTHER ( J SEE REMARKS 17. 1 hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAME NLE OF INDI [DUALS ED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of S rvice 0 20. Time of Service ftiah.? e I©Z l©?ro 21. ATTEMPTS Date Time Miles Int. Date ime Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Mies int. Date Time Miles Int. I 22. HEMAHKS No4e' Kai i Ory- 15 A&- A0. 1I4?.V4L? S OFF - mo6rn,-1 blrLb-- ? u 23. Advance Costs 24. Service Costs 25. N/F 26. Milage 27. Postage 28. Sub Total 29. Pound 30. Noty Fee 31. Surchg 32. Tot Costs 33. Cost Due o efu Check No. 4 $100.00 24.00 2.;.70 /J. S .7o 4 .no n y 3 0.7 - 10 34. Foreign County Costs 35. Advance Costs 36. Service Costs 37. Notary Cert. 38. Mileage/Postage/N.. 39. Total Costs 40. Cost Due or Refund SO NSWER 41 AFFI ; . 7. 44. Signature of 47. ATE Dep. Sheriff f Qd p.C? ?•qq x/('1(10 qq 45. Signature of York 48. DA 42. day ?WUtl'u??ra30.4„ - County heriff S lY3S1d113M o NoraaY 1dco LlA M M HOSE 12-7-)0 9 46 Si nature of F i 4 DATE . g ore gn Sheriff Count 9. y 7 OF THORIZED ISSUING AUTHORITY AND TITLE 1. WHITE- Issuing Authority 2.PINK-Attorney 3. CANARY-Sheriff's Office 4. BLUE - Sheriff's Office JPc,? ? _.,, ? w ??a..1 It ra ,r ti. .??. ne:?Xabhf^ ?,r =+p%.t i1??N?YihaYSxl" NMi' ?5}iggyEL?{ CX?P N! x :',adza4xxtS liI?hb1?'?G?dd?.. SEINED" I FIDE OF SHERIFF YORK, PA "00 CEC 1 PC1 1 18 COUNTY OF YORK L? 2 of 2 OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE INSTI PLEASE TYPE PROCESS RECEIPT, and AFFIDAVIT OF RETURN ?? ter.... ?. Wes'-wond H4.1.1s Assn^"al-es, T.T,P Wes+-wno0 17" "age Cnmmun. ASSnr.K, e+ a1_ I Wri.` of Summons SERVE S. NAME OF INDIVIDUAL COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. Tn7i 114.am H. 73nnn 6. ADDRESS (STREET OR RFO WITH BOX NUMBER; APT. NO., CITY, BORO, TWP., STATE AND ZIP CODE AT '99 R'-eiarerwaT` Hn11nw, Ne-w Cumber and, PA.1.7p7o 7. INDICATE SERVICE: 0 PERSONAL O PERSON IN CHARGE DEPUTIZE C 1 01 ST CLASS MAIL 0 POSTED O OTHER NOW 7-?P/00, 20 !, SHERIFF OF 1Y IZ do hereby the sheriff of nrk COUNTY to exec i r ccording to law. This deputation being made at the request and risk of the plaintiff. Cumberland ADVANCED FEE PAID BY ATTY. OUT OF.COUNTY CUMBERLAND NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. ECKERT, SEAMANS, CHERIN & MELLOTT 1 111-8-00 12. SEND N0.TIrF_U,S9PV,IOE CDRY NAMEAN02QDRESS BELOW: (This area must be completed if notice is to be mailed). SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LINE or complaint as indicated above- R. AHRENS 12-1-009 - 12-8-00 16. HOW SERVED: PERSONAL ( ) RESIDENCE POSTED( J POE( ) SHERIFF'S OFF( ) OTHER ( ) SEE REMARKS 17.0 I herehy enify anti return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. TILE OF INDIVIDUAL SERVED IST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Dpridant) 19i Datp of S7ervice 20. Time of Service YVIJ? I ,.y ao 1u/" !mod 21, ATTEM S Date Time Miles Int. Date T e Miles Int. Date Time Miles Int. Date Time Miles int. Date Time Miles Int. Date Time Miles Int. t2-N . 3`d ©a IM 5 t . _7 SERVICE CALL (717) 771-9601 iTOi2 MPIES e . MM.vnnb -r o.. f\ txt jey/ ^c+ &FP ° Wtyc 42. day of Dep. Sheriff : 12 61y_. Signature of York County Sheriff JILLIAM M. HOSE 12-7-00 1. WHITE-Issuing Authority 2-PINK-Attorney S. CANARY-Sheriffs Office 4. BLUE - Sheriffs Office COUNTY OF YORK OFFICE OF THE SHERIFF 5(7117)I771961L 28 EAST MARKET ST.., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT, and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 TO 12 DO NOT DETACH ANY COPIES 1. PLAINTIFF ( - - 2. COURT NUMBER W^SfWhO13 1I1l1 -5 Assoc 1 t05 3. DEFENDANTjS( 4, TYPE OF WRIT OR COMPLAINT .Westwood 1701d e COD1Rlun GS, - - - - - .- __ _ SERVE rr 5. NAME OF INDIVIDUAL COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTYTO BE LEVIED, ATTACHED. OR SOJ_D. -- _) Kathari nF- N. pn,- (C:DPfo l!` 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT. NO_ CITY, BORIC, TWP., STATE AND ZIP CODE AT '1 d4 Ctc irto .raIt "4 llr ... M1TCU' m}? n? nn -" 7. INDICATE SORVICE; D PERSONAL D PERSON IN CHARGE PDEPUTIZE r r,.,rDPP?T,Mlt; -D 1STCLASS MAIL ? POSTED D OTHER NOW r ? a /nn 20 t, SHERIFF OF YORK COUNTY, PA, do hereby deputize the sheriff of r=> =1)rk _ CNTYto execitethis _nt and make return thereof according to law. This deputation being made at the request and risk o e piaintiff. _. .. __..= HER RK OONTY - 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSISJ]N_ExPE01TING SERVIGE?-... OUT -?1tt,7c ADVANCED FEE PAID BYATTY. - - ---- NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liabillty on the part of such deputy or the sheriff to any plaintiff herein for any foss, destruction, or removal of any property before sheriffs sale thereof, - 9. TYPE NAMEAND ADDRESS of ATTORNEY /_ORlGINATOR and SIGNATURE - - 1 10. TELEPHONE NUMBER 11. DATE FILED r - -- - HARRISBUR, ? ECKERT; SEAMANS, CHERIN R free lott 213 MARKET Si. ,MFL. 171"1 12. SEND NOTICE OF SERVICE COPY NAME AND AD.DRE&S BELOW; (This area must be completed if notice is to be mailed). CUMBERLAND COUNTY SHERIFF - T- _- ., SPACE BELOW Fb>fi.lhSE OF.THE SI ERiFF DO NOT WR17"gU _LO_ THIS LINE 13. 1 acknowlecipe receipt of the writ - - - - 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. R. AHRENS 16. HOW SERVED: PERSONAL ( RESIDENCES POSTED( ) POE( ) SHERIFF'S OFF( ) orHER ( ) SEE REMARKS 17. ? I hereby cerlity and return a NtlT FOUND because I am unable to locale Jhe in rv duaT, gofnpany, etc, named above.ZSee remarks below) _ 18. NAME AND-TITLE OF INDIVIDUAL SERVED ] LIST ADDRESS HERE IF NOT SHOWN ADOVE (Relationship to Defendant) - 19. Date of Service 20. Tlme of Service 21. ATTEMPT Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Milas Int. N 22. REMARKS r.rW I C 7 q1 e. L 11 i IOrv f$ lJo ..r few Oo-"i - I iN)Jr.,t e.? :?.: e-.' . 23. Advance Ceats 24. Service Costs 25. NIF 26. Milage 27. Postage 28. Sub Total 29. Pound 30. Noty Fee 31. Surchg 32. Tot Costs 33. Cost Due or Refund ]CheZ ANSWER 41. AFFIRMED and subscribed to before me this 44. Signature of 47. DATE Dep. Sheriff _ 45. Signature of York 48. DATE 42 day of - - , 20 43, -- _County Sheriff PROTHO OTA Y 46. Signature of Foreign 49. DATE OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE- Issuing Authority 2PINK-Attorney 3. CANARY-Sheriff's Office 4. BLUE Sheriffs Office ?.x^ r a .k-?'l" • •.?•,, •:. ?.. r >?a. . ,. «.n. .?, x?"1.?'?{ >.. v3?p,x,e? -.as'..N.;?. rof k?n,YR±., d, +I?'9l4dx i ?'r2.am,'.LNawkYb4A?k3+ ° . ..- rr_„ f" "\?v U?V ?t:l, a??tc? aF SpAR?? ?°??? 1B COUNTY OF YORK DT OFFICE OF THE SHERIFF SERVICE (7117)719601! -- 28 EAST MARWf ST., YORK, PA 17401 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT, and AFFIDAVIT OF RETURTI PLEASE TYPE ONLY LINE 1 TO 12 DO NOT DETACH ANY COPIES 1. PLAINTIFF/5/ - - -- 2. COURT NUMBER .,-Westwood Hi1_ls AssnrifaF-es -T`T.P OF Rap 3. DEFENDA -/ _ - -'-- - ------ -- ---- --- ----- --- - -- - 4. TYPE WRIT OR COMPLAINT n+ WTes*wnnd Willacle Co-mmu-n. As;50c4- Ai SERVE 5, NAME OF INDIVIDUAL COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD. Uzi 11 iam H. Pnnn _ 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY. BORO, TWP., STATE AND ZIP_CODE .. AT -Qn c`eTgerwait Hollow, New Cumberland, PA 17n70 7. INDICATE SERVICE: CI PERSONAL 0 PERSON IN CHARGE DEPUTIZE(, CE MAIL O 1S7 CLASS MAIL ? POSTED O OTHER NOW _ 1 I /nn ,20 , SH RI OF4 _5jIC COUNTY, PA, do hereby deputize the sheriff of Wto 2XeQU tfils,Writ and make return thereof according to law. This deputation being made at ADVANCED FEE PAID BY ATTY. - :t ; HT ;1F raiINT. NOTE ONLY APPLICABLE ON WRIT OF. EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy, or the sheriff to any plaintiff herein for any foss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAMEAND ADDRESS of ATTORNEY! ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED ECKERT,-SFAMANS, CHERIN & MELLOTT 12. SEND Nqp O ERVI E COPY NAME AND ADDRESS BELOW. (This area must be completed i notice-is to be mailed).- - - - - - - GUMB ILAKI CO. SHERIFF or 16. H 17. C im as indicated above. - R. AHRENS _- ) igED: PERSONAL (J RESIDENCE_ POSTED( ,y certify and return a NOT FOUND because I am unable to locate the it JO TITLE OF INDIVIDUAL SERVED I LIST ADDRESS HERE IF NOT SHC 5 Date Time Miles Int. Date Time Miles int. Date Tim, sr' n - POE ( ) SHERIFF'S OFF ( ) OTHER ( ) luai, mmpanv. etc, named above. (See remarks below.) 41. AFFIRMED and subscribed to before me this - 44. Signature of - Dap. Sheriff 42. day of nF;` F NF= , 20- . 43.. Y 45. Signature of York ar-- ' PROTH %?NOTARY County Sheriff OF AU HQPI?ED ISSUING_AUTHORITY AND TITLE _-.._ .. _ __ - 1. WHITE - Iu(ng Authority 2. PINK -Attorney 3. CANARY- Sheriffs Office_ 4. BLUE - Sheriff's Offfce ss SEE REMARKS -- loty Fee 31. Surchg 32. Tot Cosls 33. Cost Due or Refund Cheo J.F. 39. Total Casts 40. Cost Due or Refunc N 47. DATE. 48. DATE 49. DATE 51. DATE RECEIVED. Westwood Hills Associates, LLC vs Westwood Village Community Association, et al. Statement of Intention to Proceed To the Court: Westwood Hills Associates, LLC intends to proceed with the above captioned matter. Print Name Ronald M. Lucas, Esq. Sign Narue Date: 10/23/06 Attorney for Plaintiff Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the temrination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(6) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the :matter:with pnt jodice for failure to prosecmC' If a party wishes topipme the matter, he or she will file a notice of intention to proceed and the action shall continue. - a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved parry did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the7filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. Case No. 2000-07898 Westwood Hills Associates, LLC VS. Westwood Village Community Association, et al. Case No. 2000 - 07898 Certificate of Service I, Ronald M. Lucas, Esquire, hereby certify that, on this date, I caused a true and correct copy of the foregoing Statement of Intention to Proceed to be served upon the following parties via First Class Mail, postage prepaid, addressed as follows: Westwood Hills Village Community Association 650 Westwood Drive Enola, PA 17025 Katherine N. Porr 825 Brian Drive Enola, PA 17025 William H. Bopp 825 Brian Drive Enola, PA 17025 David E. Sweet 234 Brian Drive Enola, PAS 17025 Kelli L. Sweet 234 Brian Drive Enola, PA 17025 Date: October 23, 2006 ///J/? nc'-? SLl 675265v1/068380.0O 01 c? o c r : r+ --a 0 n'om' G 7 j? a :n K AS OF 1?- If- a66? CASE# aoao - 7 8 9 8' HAS BEEN SCANNED. ALL EARLIER FILINGS TO THIS CASE HAVE BEEN MICROFILMED. -a- THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification Number: 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717/237-7132 Attorneys for Defendants WESTWOOD HILLS ASSOCIATES, LLC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. WESTWOOD VILLAGE COMMUNITY ASSOCIATION, ET AL., Defendants NO. 2000-07898 CIVIL TERM JURY TRIAL DEMANDED PRAEC/PE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendants in the above matter. THOMAS, THOMAS & HAFER, LLP By: - C lM ?a Kevin C. McNamara, Esquire I.D.#72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 Attorneys for Defendants DATE: / }/7 / 0 467771-1 I a CERTIFICATE OF SERVICE 1, Kevin C. McNamara, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing same in the United States mail, postage prepaid, on the 7 day of O c z vin. ?-w ,2006: Ronald M. Lucas, Esquire STEVENS & LEE PC 17 N Second St 16th Fl Harrisburg PA 17101 THOMAS, THOMAS & HAFER, LLP By: " C `W1 `A Kevin C. McNamara, Esquire 467771-1 Ol 0 -T7 r. 1 -n C-n `O r? THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara Identification No. 72668 Bret Keisling, Esquire Identification No. 201352 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-441-7054 Attorneys for Defendants WESTWOOD HILLS ASSOCIATES, LLC., Plaintiff V. WESTWOOD VILLAGE COMMUNITY ASSOCIATION, ET AL., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-07898 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as attorneys for Defendants in the above matter. THOMAS, THOMAS & HAFER, LLP By: Bret Keisling, Esquire I. D. No. 201352 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-0754 Attorneys for Defendants DATE: `t`4- V 467771-1 L.. -? CERTIFICATE OF SERVICE I, Bret Keisling, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing same in the United States mail, postage prepaid, on the 4th day of April, 2007: Ronald M. Lucas, Esquire STEVENS & LEE PC 17 N Second St 16th Fl Harrisburg PA 17101 THOMAS, THOMAS & HAFER, LLP By: Bret Keisling, Esquire 467771-1 a?Y' C? ?? ? ?... -r} }?? ?, .?-.? s?;--- -°.-% c-` ?? r, , s :;? -c? .. } 4_? _ ''t ?_y ,?, ?„ _ s`t1 ? _:? ? ?? THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification No. 72668 Bret Keisling, Esquire Identification No. 201352 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-441-7054 Attorneys for Defendants WESTWOOD HILLS ASSOCIATES, LLC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. WESTWOOD VILLAGE COMMUNITY ASSOCIATION, ET AL., Defendants NO. 2000-07898 CIVIL TERM JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE A COMPLAINT TO THE PROTHONOTARY: Kindly issue a rule upon Plaintiff to file a Complaint in the above-captioned case within twenty (20) days after service of the Rule or suffer a judgment of non pros. THOMAS, THOMAS & HAFER, LLP DATE: 0_01 By: Kevi amara I.D. No. 72668 Bret Keisling, Esquire I.D. No. 201352 P.O. Box 999 Harrisburg, PA 17108-0999 (717) 441-7054 Attorneys for Defendants 467771-1 r' THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification No. 72668 Bret Keisling, Esquire Identification No. 201352 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-441-7054 Attorneys for Defendants WESTWOOD HILLS ASSOCIATES, LLC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Pro onota By: Deputy V. WESTWOOD VILLAGE COMMUNITY ASSOCIATION, ET AL., Defendants NO. 2000-07898 CIVIL TERM JURY TRIAL DEMANDED RULE TO FILE A COMPLAINT' AND NOW, this day of 2007, a rule is hereby issued upon Plaintiff to file a Complaint in the above-captioned case within twenty (20) days after service of this Rule or suffer a judgment of non pros. 467771-1 r CERTIFICATE OF SERVICE I, Bret Keisling, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing same in the United States mail, postage prepaid, on the 4th day of April, 2007: Ronald M. Lucas, Esquire STEVENS & LEE PC 17 N Second St 16th Fl Harrisburg PA 17101 THOMAS, THOMAS & HAFER, LLP By: \ Br ling, Esquire 467771-1 n ? ? ;? ? r t ?? -? = i =-= rs, : o t.. ?? ?> °? r? ?_ WESTWOOD HILLS ASSOCIATES, LLC, Plaintiff V. WESTWOOD VILLAGE COMMUNITY ASSOCIATION, KATHERINE N. PORR, and WILLIAM H. BOPP, and DAVID E. SWEET and KELLI L. SWEET Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA : Docket No. 2000-07898 COMPLAINT IN EJECTMENT AND NOW COMES Plaintiff, Westwood Hills Associates, LLC, and files the following Complaint in Ejectment against Defendants, Westwood Village Community Association, Katherine N. Porr and William H. Bopp, and David E. Sweet and Kelli L. Sweet, stating in support thereof as follows: PARTIES 1. Plaintiff is Westwood Hills Associates, LLC ("Westwood Hills"), a Pennsylvania Limited Liability Company having a principal place of business at 1943 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant Westwood Village Community Association ("WVCA"), upon information and belief is a Pennsylvania entity, having a place of business at 650 Westwood Drive, Enola, Cumberland County, Pennsylvania 17025. 3. Defendants Katherine N. Porr and William H. Bopp (hereinafter, collectively referred to as "Defendants Porr and Bopp"), are adult individuals residing at 825 Brian Drive, Enola, Cumberland County, Pennsylvania 17025. 4. Defendants David E. Sweet and Kelli L. Sweet (hereinafter, collectively referred to as "Defendants Sweet"), are adult individuals residing at 234 Brian Drive, Enola, Cumberland County, Pennsylvania 17025. SUBJECT PREMISES 5. Plaintiff is the owner in fee simple of certain property, more particularly described as Lot No. 1 on that certain Final Subdivision Plan for Centrust Trust, last revised February 19, 1988, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 26, Page 139, and the deed to which is recorded at Deed Book 180, Page 936(the "Premises"). A true and correct copy of the Westwood Hills Deed is attached hereto as Exhibit A. 6. An abstract of title demonstrating Westwood Hills' predecessor in interest, DeLuxe Development Corporation's fee simple ownership of the Premises and including a legal description thereof, is attached hereto as Exhibit B. 7. All of the Defendants trace their respective interests to a deed from East Pennsboro Associates to M.L.W. Construction Corp. dated April 20, 1973, recorded at Book C- 25, Page 973, which described an area known as "Lot 4" containing 19.04 by metes and bounds description separating "Lot 4" from the residual that became "Lot No. 1" as set forth in Exhibit B. A true and correct copy of the M.L.W. Construction Deed is attached hereto as Exhibit C. 8. On or about January 29, 1975, M.L.W. Construction Corp. recorded a Declaration Creating and Establishing the Westwood Village Condominium ("Westwood Village") at Misc. Book 213, Page 283. The Declaration's "Exhibit C" describes the Northern Boundary line of Tract 3 (consisting of Blocks 5 and 6) and depicts the entire Westwood Village 2 S L 1720600v l /068 3 80.00001 property on the plan attached thereto. A true and correct copy of the Declaration's "Exhibit C" is attached hereto as Exhibit D. 9. The relevant metes and bounds description of the property line constituting the boundary between Plaintiff's and Defendants' properties as provided in all recorded deed descriptions is as follows: North 83 degrees, 40 minutes, zero seconds west, a distance of 392.4 feet to a point; South 74 degrees, 46 minutes west, a distance of 129.63 feet 10. Defendants Porr and Bopp are the owners of a condominium unit and appurtenant common elements, more particularly described as Unit No. 825 ("Unit 825"), created by virtue of the recording of a Seventh Amendment to Declaration dated November 8, 1979, and recorded at Misc. Book 249, Page 323. A true and correct copy of the Seventh Amendment to Declaration is attached hereto as Exhibit E and the current Unit 825 Deed is attached hereto as Exhibit F. 11. Defendants Sweet are the owners of a condominium unit and appurtenant common elements, more particularly described as Unit No. 234 ("Unit 234"), created by virtue of the recording of a Seventh Amendment to Declaration, and recorded at Misc. Book 249, Page 323. A true and correct copy of the Unit 234 Deed is attached hereto as Exhibit G. 12. Defendant WVCA is the owner of certain Limited Common elements in Westwood Village, by virtue of the Declaration of Condominium and by deed recorded December 22, 1981 at Book T-33, Page 705, which conveyed common condominium property of the Westwood Village (collectively the "Common Elements") to the Westwood Village Common Facilities Association, Inc., predecessor to Defendant WVCA. A true and correct copy of the Common Elements Deed is attached hereto as Exhibit H. 3 SL I 720600v1 /068380.00001 13. The location of the buildings and common elements created by the Seventh Amendment to the Declaration are depicted on the Fifth Amendment to Declaration Plan (the "Fifth Amendment Plan"), recorded at Record Book 37, Page 7-B. A true and correct copy of the Fifth Amendment Plan is attached hereto as Exhibit I. 14. The Fifth Amendment Plan provides a northern boundary line that encroaches on Plaintiff s Property and is not supported by any recorded document. 15. On or about June 18, 1998, Plaintiff had an ALTA survey taken of the Premises by ACT ONE Consultants, Inc. A true and correct copy of the ALTA survey is attached hereto as Exhibit I 16. The ALTA survey revealed that a portion of Condominium Unit 234 and Condominium Unit 825, and the exterior portions of the buildings containing those units, encroached onto Plaintiffs Premises. 17. The ALTA survey also revealed that Defendant WVCA currently is utilizing portions of Plaintiffs Premises directly adjoining the northern property line of the Westwood Village. 18. On or about October 13, 1999, Plaintiff s counsel sent a letter to Defendants advising them of their encroachment onto the Premises, and advising them that such encroachment constituted a continuing trespass entitling Plaintiff to damages and equitable relief. 19. This action was commenced on November 8, 2000, by the filing of a Praecipe for Writ of Summons in the Court of Common Pleas of Cumberland County; within 21 years of the recording date of the Seventh Amendment to the Declaration. 4 S Ll 720600v 1 /068380.00001 20. A Writ of Summons was personally served upon Defendants Porr and Bopp on December 5, 2000, and upon Defendants Sweet and WVAC on December 7, 2000. COUNTI CLAIM FOR EJECTMENT AGAINST DEFENDANT WVCA 21. The averments of paragraphs 1 through 20 are incorporated herein by reference as if fully set forth. 22. At some time subsequent to November 8, 1979, Defendant WVCA's predecessor in interest unlawfully entered on the Plaintiff's Premises and without right or authority of law ousted Plaintiff's predecessor from portions thereof, as more particularly depicted on the Fifth Amendment Plan. 23. Ever since December 22, 1981, Defendant WVCA, or its predecessor, has been in possession of the above-described real property, and has at all times subsequent thereto withheld, and still does withhold, the possession thereof from Plaintiff, all to its damage in the sum of $35,000.00. 24. Defendant WVCA has no legal or equitable right to possess the portions of the Premises as described as part of Plaintiffs title. WHEREFORE, Plaintiff respectfully demands judgment against Defendant WVCA restoring Plaintiff the possession of the above-described real property, for costs, and such further relief as this Court deems appropriate. SLl 720600v l /068380.00001 COUNT II CLAIM FOR EJECTMENT OF DEFENDANTS SWEET 25. The averments of paragraphs 1 through 24 are incorporated herein by reference as if fully set forth at length. 26. At some time subsequent to November 8, 1979, Defendants Sweets' predecessor in interest unlawfully entered on the Premises and without right or authority caused portions of Unit No. 234 to be erected on the Premises, as more particularly depicted on the Fifth Amendment Plan. 27. Ever since September 29, 1998, Defendants Sweet have been in possession of Unit No. 234, a portion of which was erected on the Premises, and have continued to maintain the structure thereon and withhold possession thereof from Plaintiff, all to its damage in the sum of $35,000.00. 28. Defendants Sweet do not have a legal or equitable right to possess the portions of the Premises upon which Unit No. 234 is encroaching. WHEREFORE, Plaintiff respectfully demands judgment against Defendants Sweet restoring Plaintiff the possession of the above-described real property, for costs, and such further relief as this Court deems appropriate. COUNT III CLAIM FOR EJECTMENT OF DEFENDANTS PORR AND BOPP 29. The averments of paragraphs 1 through 28 are incorporated herein by reference as if fully set forth at length. 6 SLl 720600v 1 /068380.00001 30. At some time subsequent to November 8, 1979, Defendants Porr and Bopp's predecessor in interest unlawfully entered on the premises and without right or authority caused portions of Unit No. 825 to be erected on the Premises, as more particularly depicted on the Fifth Amendment Plan. 31. Ever since April 21, 1998, Defendants Porr and Bopp have been in possession of Unit No. 825, a portion of which was erected on the Premises, and have continued to maintain the structure thereon and withhold possession thereof from Plaintiff, all to its damage in the sum of $35,000.00. 32. Defendants Porr and Bopp have no legal or equitable right to possess the portions of the Premises upon which Unit No. 825 has encroached. 33. Defendants Porr and Bopp have denied Plaintiff fair use and enjoyment of the Premises as a result of the encroachment. WHEREFORE, Plaintiff respectfully demands judgment against Defendants Porr and Bopp restoring Plaintiff the possession of the above-described real property, for costs, and such further relief as this Court deems appropriate. COUNTIV CONTINUING TRESPASS AGAINST ALL DEFENDANTS 34. The averments of paragraphs 1 through 33 are incorporated herein by reference as if fully set forth at length. 35. Portions of Unit 234, Unit 825 and the Common Elements of the Westwood Village, were intentionally erected and placed on property owned by Plaintiff without Plaintiff's license or consent. 7 SLl 720600v1 /068380.00001 36. Defendants have intentionally maintained Unit 234, Unit 825 and the Common Elements of the Westwood Village encroaching upon Plaintiff's property with the full knowledge that such structures and improvements encroach upon the Premises. 37. Defendants have no right or license to maintain the offending structures which are encroaching upon the Premises. 38. The location of the aforementioned structures and improvements so as to encroach on the Premises has deprived Plaintiff of the quiet use and enjoyment of its property. 39. The maintenance of the aforementioned structures and improvements which encroach on the Premises constitutes a continuing trespass against Plaintiff's real property. WHEREFORE, Plaintiff respectfully demands judgment against Defendants for damages resulting from the encroachment of Defendants' structures and improvements onto the Premises, not to exceed $35,000, together with costs and such further relief as this Court deems appropriate. Date: May 9, 2007 By SLI 720600v1 /068380.00001 STEVENS & Rgrfald M. Lucas - Attorney I.D. No. 18343 Ambrose W. Heinz Attorney I.D. No. 91021 17 North Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7356 Attorneys for Plaintiff Westwood Hills Associates, LLC 8 VERIFICATION I, Donald H. Erwin, verify that I am the Sole Manager and Sole Member of Westwood Hills Associates, LLC in the within action; that the attached Complaint is based upon the facts of which I have personal knowledge or information furnished to me by counsel; that the language of the document is that of counsel and not my own; and that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. 10 Donald H. Erwin Date: May 9, 2007 910 SL1 720600v1/068380.00001 CERTIFICATE OF SERVICE I, RONALD M. LUCAS, ESQUIRE, certify that on this date, I served a certified true and correct copy of the foregoing COMPLAINT upon the following parties of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Bret Keisling, Esquire Thomas Thomas & Hafer, LLP P. O. Box 999 Harrisburg, PA 17108 Ronald M. Lucas Date: May 9, 2007 SLl 720600v 1 /068380.00001 ' ootas?.coo?eB.te.oe/??++re, r ? ' 9U JUl . t; P?1 3 lU ^a X7 TAX PARCEL NO. DEED THIS INDENTURE, made this 17th day of June in the year of our Lord one thousand nine hundred ninety eight (1998), among DeLUXE DEVELOPMENT CORP., a domestic corporation, hereinafter called "Grantor," and WESTWOOD HILLS ASSOCIATES, LLC, a Pennsylvania limited. liability company, hereinafter called "Grantee." WITNESSETH: That the said Grantor, for and In consideration of the sum of One Million Fifty Thousand ($1,050,000.00) Dollars, lawful money of the United Stales of America, unto Grantor well and truly paid by the said Grantee at and before the sealing and delivery of these presents, receipt whereof Is hdreby acknowledged, has granted, bargained, sold, aliened, enfeoffed, released and confirmed, and by these presents does grant, bargain, sell, alien, enfeoff, release and confirm unto the said Grantee, Its successors and assigns, ALL THAT CERTAIN lot or parcel of land situate In East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described In Exhibit "A," attached hereto and made part hereof. TOGETHER, with all the rights of way, water, watercourses, rights, liberties, privileges, Heredilaments and appurtenances whatsoever thereto belonging or In any wise appertaining, and the reversions and remainders, rents, issues and profits thereof; all of the estate, right, title, Interest, property, claim and demand whatsoever of sold Grantor, In law, equity or otherwise howsoever, of, inland to the same and every part thereof. + TO HAVE AND TO HOLD the said real estate, above-described, and the Hereditaments and Premises hereby granted or mentioned and Intended so to be, with the appurtenances unto the said Grantee, Its successors and assigns, to and for the only proper use and behoof of the said Grantee, Its successors and assigns forever. And the said Grantor hereby covenants and agrees that Grantor will warrant specially the property hereby conveyed. R-11f $-.50 I'. :. E)36 EXHIBIT 00188440004&8.17.98/JRD/MAM1111767 IN WITNESS WHEREOF, the said DeLuxe Development Corp., has caused this Deed to be executed the day and year first above written. DeL xe Development Corp. ?o^. (SEAL) Donald E. Meske, sldent COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND On this the 1 % day of 1998, before me, the undersigned officer, personally appeared -z ? who acknowledged himself to be the Pnaxw* of DeLuxe Development Corp., a domestic corporation, and that he as such basidalt; being authorized to do so, executed the foregoing instrument for the purposes therein contained by signlrrg the name of the corporation as Ptsrida t. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Rotary Public My commission expires (SEAL) NOTARIAL SEAL DIO NE LM EaNuphr =PuWk LmMm ion Eq?kes Dft 2?l, 20 I 1 hereby certify that the precise residence and complete post office address of the within named Grantee Is: goat Oar, 36r" P4KVMYr,1)-PJ4 I ? i78 Attorney for Gra ee COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND 1 a r RECORDED on this - - ?o da l ?}'( said County, in Deed Bo?' R ?' 1 Given under my hand a? ^ (,d? ?Ii! gffiCe, the OUJK 180 t',CE 937 ss. A.D. 1998, In the Recorder's office of the to e wr rov itten. Recorder m " F = ti AP 1105%. r 1 F EXHIBIT °A^ LEGAL DESCRIPTION FOR WESTWOOD HILLS ALL THAT CERTAIN lot or tract of land situate in East Penneboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern dedicated Right-of-Way line of Westwood Drive, Said point being the northwest corner of land now or formerly of Catherine E. Yeager, Said point also being 150 feet north of the center line of Valley Street (S.R. 1004 THENCE by the eastern dedicated Right-of-way line of Westwood Drive by a curve to the right having a radius of 924.93 feet and an arc length of 156.86 feet to a point; Thence by land now or formerly of Westwood Village Common Facilities Association, Inc., Due East 172.34 feet to a point; Thence by and same Due North 242.21 feet to a point; Thence continuing by the same Due East 60.00 feet to a point; Thence by the same Due North 205.00 feet to a point; Thence by the same Due West 110.00 feet to a point; Thence by the same North 33 degrees 18 minutes 52 seconds West 14.02 feet to a point on the southern dedicated Right-of-Way line of Westwood Drive; Thence continuing by the southern dedicated Right-of-Way line of Westwood Drive by a curve to the right having a radius of 270.00 feet and an arc length of 32.58 feet to a point; Thence by the same North 62 degrees 40 minutes 00 seconds East 107.00 feet to a point; Thence by land now or formerly of Westwood Village Condominiums the following five (5) courses and distances; 1. North 29 degrees 20 minutes 00 seconds West, 237.00 feet; 2. North 12 degrees 00 minutes 37 seconds West, 560.24 feet; 3. North 54 degrees 20 minutes 00%seconds West, 237.00 feet; 4. North 83 degrees 40 minutes 00 seconds West, 421.50 feet; 5. South 74 degrees 46 minutes 18 seconds West, 129.63 feet; Thence by land now or formerly of Mountain View Estates North 09 degrees 09 minutes 20 seconds West 137.05 feet to an iron pin; Thence by the southern dedicated Right-of-Way line of U.S. Interstate 81 North 77 degrees 17 minutes 53 seconds East 141.02 GUOK i8() :',:,t 93$ feet to a point; Thence by the same North 74 degrees 00 minutes 42 seconds East 549.83 feet to an iron pin; Thence by land now or formerly of Robert M. Gates South 27 degrees 59 minutes 21 seconds East 85.95 feet to a piper Thence by the same North 70 degrees 32 minutes 40 seconds East 352.36 feet to a pipe; Thence by land now or formerly of Thomas J. Gates and by land now or formerly of Bernard A. Lovendusky South 36 degrees 17 minutes 47 seconds East 411.88 feet to a six inch pipe; Thence continuing by land now or formerly of Bernard A.. Lovendusky North 67 degrees 33 minutes 59 seconds East 581.85 feet to a six inch pipe; Thence by the western dedicated Right-of-Way line of Mountain Road, land now or formerly of Roy E. Myers, land now or formerly of Charles M. Wadsworth and land now or formerly of Ronald G. Gates South 36 degrees 04 minutes 21 seconds East 670.36 feet to an iron pin; Thence by land now or formerly of Ronald G. Gates and lands now or formerly of Clarence A. Keys, Jr. South 04 degrees 16 minutes 36 seconds East 1,113.83 feet to a point in the center line of Valley Street (S.R. 1004); Thence continuing by the center line of Valley Street by a curve to the right having a radius of 11,459.19 feet and an, arc length of 114.89 "feet to a point; Thence by the same South 77 degrees 32 minutes 56 seconds West 817.35 feet to a point; Thence by land now or formerly of Mary W. Sheehan North O1 degrees 30 minutes 06 seconds Went 170.00 feet to a point; Thence by the same South 77 degrees 30 minutes 49 seconds West 160.00 feet to an iron pin; Thence by land now or formerly of Marion H. Stoneroad and along a nine (9) foot access lane North 01 degrees 10 minutes 06 seconds West 49.25 feet to a pipe; Thence by land now or formerly of Marion H. Stoneroad South 77 degrees 31 minutes 37 seconds West 178.98 feet to an iron pin; Thence continuing by the same South 12 degrees 28 minutes 23 seconds East 65.00 feet to an iron pin; Thence by land now or formerly of M. C. Procope land now or formerly of J. Allen Lair, land now or formerly of John W. Lawyer and by ipnd now or formerly of Catherine E. Yeager South 77 degrees 52 minutes 22 seconds West 300.00 feet to a point; the place of beginning. CONTAINING 53.2808 acres. BEING` the same premises which Centrust Trust of Westport, Connecticut, by deed dated December 12, 1989, recorded in the office of the Recorder of Deeds, Cumberland County, Pennsylvania, in Deed Book "I" Volume 34, Page 669, granted and conveyed unto Deluxe Development Corp., a Pennsylvania corporation. ZZCEPTINQ FROM THE ABOVE-DESCRIBED PREMISES THE FOLLOWING DESCRIBED REAL ESTATE: DOUx 5-80 N-GE 939 r' ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows to wit; BEGINNING at a point located in the center line of a bridge and the center line of a nine (9) foot access lane, said point being located 473.28 feet north of the center line intersection of Valley Street and the aforementioned nine (9) foot access lane, said point also being located North 00 degrees 13 minutes 23 seconds West 254.03 feet from the northeast corner of land now or formerly of Marion H. Stoneroad. THENCE by lands of Westwood Hills North 03 degrees 44 minutes 17 seconds West 345.00 feet to a point; Thence by the same North 85 degrees 41 minutes 13 seconds East 308.32 feet to an iron pin; Thence by the same South 03 degrees 44 minutes 17 seconds East 380.50 feet to a post; Thence by the same South 00 degrees 57 minutes 06 seconds West 31.05 feet to a point in a small stream; Thence continuing through the small stream South 59 degrees 53 minutes 03 seconds West 53.34 feet to a point, Thence by the same South 38 degrees 12 minutes 25 seconds West 39.20 feet to a point; Thence by the same South 85 degrees 53 minutes 17 seconds West 100.32 feet to a point; Thence by the same North 65 degrees 24 minutes 43 seconds West 75.65 feet to a point; Thence by the same North 31 degrees 54 minutes 33 seconds West 89.04 feet to a point; Thence by the same North 87 degrees 33 minutes 16'seconds West 22.97 feet to a point; the place of beginning. CONTAINING 3.059 acres THE ABOVE DESCRIBED exception is also shown on a Preliminary-Final Subdivision Plat dated May 6, 1980, prepared for Clarence E. Jacobs & Dolly E. H/W, recorded in Plan Book 38 Page 40 in the office of the Recorder of Deeds of Cumberland County; Pennsylvania. THE ABOVE DESCRIBED premises is subject to the free and uninterrupted use of a nine (9) foot Girt lane for ingress, egress, and regress in favor of the owners of' Lot 1 and 2 their heirs and assigns herebefore described as an exception to this tract. The Grantors also have rights over said dirt lane along the western boundary line of the excepted parcel for a distance of 345 feet north of wooden bridge herebefore described. Said rights are more fully described in Deed Book "Z" volume 21, Page 316. 000K I.80 ra (940 I?fi!•:i? :i f C7 ? a. 7'- WQ } t A ~ i L1 un?. ' 9011^.! (iii!iii!!:I"t l c:i 1 rn lL n, . ? - OY. LJ : 4g T .A t1` i J g wa0 1! f w p V i 101t^.? t ? e? m u z r= ?V ; _°:/ r- s n g 1 ? L.. a 0<IJ 301tCl } THIS DEED MADE THE day of ?.^ in the year of our Lord one thousand nine hundred eighty-nine (1989). BETWEEN CENTRUST TRUST (forsnerly the'Wentport Company by change of name), of 830 Post Road,. P. 0. Box 932, Westport, Connecticut 06881, hereinafter referred to ¢ss Grantor, and DELUXE DEVELOPMENT CORP., a Pennsylvania corporation, with its' principal place of business at P. 0. Box 323, Berwick, Pennsylvania-18603, hereinafter referred to ass Grantee, WITNESSETH; that in consideration of SEVEN HUNDRED TWENTY- FIVE THOUSAND..AND 00/100 ($725,000.00) Dollars in hand paid, the receipt whereof -is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantee, its successors and assigns ALL THAT. CERTAIN tract of land situate in East Penneboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wits .BEGINNING at a nail in the center line of Valley Street (L.R. #21051) at the.?southeastern 'corner of land now or formerly of Mary W. Sheehan; thence by the center line of said Valley Street, North 77 degrees 30 minutes East 934.55 feet to a nail at the southwestern corner of land now or formerly of Clarence A. Keys, Sr., thence by land of said Clarence A. Keys, Sr., and land now or formerly of Ronald G. Gates, North 4 degrees 27 minutes West 1,114.36 feet to an iron pin; thence by land now or formerly of Ronald G. Gates, land now or formerly of Charles M. Wadsworth, land.now or formerly of Roy F, Myers and Mountain Street, L.R. 21096, North 36 degrees 5 minutes 25 seconds West 670.36 feet to a pipe close to or on Mountain Road; thence by land now 'or formerly' of Bernard A. Lovendusky, South 67 degrees 34 minutes it seconds West, 581.25 feet to a pipe; thence by said Lovendusky land and land now or formerly.of Thomas J. Gales, North 36 degrees 20 minutes 50 seconds West 412.67.feet to a post; thence by land now or formerly of Robert M. Gates, South 70 PACE 669 3 LA ICP.n ANT S111". DY.UtUUKYY. a•ud.reMx ri n7Y,? EXHIBIT V3_-J_ !III: •+„ Q I c:? z I Z. a L. .. -... 6^li: + c? a:. .I v..Z!4-r ?,?? 7* 1: x ter. ii n r. s ? . Iltit; degrees 27 minutes 40 seconds West 351.94 feet to a pipe; thence b the same, North 28 degrees 02 minutes West, 85.? 7eet to an iron pin in a stone pile; thence. by -land now or formerly of Commonwealth of Pennsylvania, South 73 degrees 57 minutes 10 seconds West 549.94 feet to a stake) thence by same, South 77 degrees 17 minutes 53 seconds West, 141.04 feet to a pipe; thence by Mountain View Estates, South 9 degrees 9 minutes 20 seconds East, 137.65 feet to an iron pin; thence by Westwood Village Condominiums the following five (5) courses and distances: 1. North 74 degrees 46 minutes 18 seconds East, 129.63 feet; 2. South 83 degrees 40 minutes 00 seconds East, 421.50 feet; 3. South 54 degrees 20 minutes 00 seconds East, 237.00 feet; 4. South 12 degrees 00,minutes 37 seconds East, 560.24 feet;. 5. South 29 degrees 20 minutes 00 seconds East, 237.00 feet; thence by. the southeastern right of way line of Valley Drive the following two (2) courses ".and distances: 1. South 62 degrees 40 minutes 00 seconds West, 107.00 feet; 2. By a curve to the left having a radius of 270.00 feet and an arc distance of 32.58 feet; thence by Lot No. 5 as recorded in Cumberland County Plan Book 55,:.Page 67, the following four (4) courses and distancest 1. South 35 degrees 31 minutes 11 seconds East, 14.99 feet; 2. Dub East 110.00 feet; 3. Due South 205.00 feet; 4. pue West.60.00 feet; thence by:Lot@'NOs. 5 and 6 as recorded in Cumberland County Plan, Book. 55, Page 67, due South 242.21 feet; thence by.'-Lot No. 6 as recorded in Cumberland County Plan Book 55, Page. 67., due West 172.34 feet; thence by eastern 'right of way line of Valley Drive on a curve to the left having a radius of 924.93 feet and an arc distance of.1564.6.feet; thence by land now or formerly of. David M: Guhl, land now or formerly of John W. Lawyer, land now,or formerly of J. Allen Lair and land now or formerly of M. C. Prooope, North 77 degrees 4.2 minutes-East, 300.00 feet; thence by land now or formerly of Marion H. Stoneroad, North 12 00 34 rice 670 IdN' oY?YC6s - V urrsm. u?auuuNPV. 11.1.1 ?N!? K uTro cz; a c? .; i G `-? ra a 7 ?.. x;t ? ?;?•-,fib O (:. VJ Zilb:' IW!Ili'iii':I Y i . •_' I 41 j 0 cWWr; 1^ T. d!` Q ,, a (1 c Z u'1 , o p .: 11 U'.1 a Vo ?- 911YC? degrees 18 minutes West, 65.00 feet; thence by same, North 77 degrees 42 minutes East, 178.98 feet; thence by the center line of a private road, North 01 degree 00 minutes West, 248.71 feet; thence by land now or formerly of Clarence E. Jacobs and Dolly Jacobs, North 5 degrees West, 345 feet to a stake; thence by same, North 84 degrees 25 minutes 29 seconds East, 308.32 feet. to a stake; thence by same, South 5 degrees East 380.5 feet to a stake; thence by same, South no degrees 18 minutes 37 seconds East, 31.05 feet to a point in a small stream; thence by said stream the following sIX (6) courses and distances': 1. South 58 degrees 37 minutes 20 seconds West, 53.34 feet; 2. South 36 degrees 56 minutes 42 seconds West, 39.20 feet; 3.' South 84 degrees 37 minutes 34 seconds West, 100.32 feet; 4. North 66 degrees 40 minutes 26 seconds West, 75.65 feet; 5. North 33 degrees 10 minutes 16 seconds West, 89.04 feet to a stake; 6. North-89 degrees West, 23.00 feet to the P.K. Nail; thence South 1 degree. East, 298.00 feet to a point, being the northwestern corner of land now or formerly of Mary W. Sheehan; thence by the latter land, North 77 degrees 42 minutes East, 160.00 feet to an iron pin; thence by the same, South 1 degree East 170.00 feet to the nail in the center line of Valley Street, the Place of BEGINNING. CONTAINING 53.3421 acres. UNDER AND SUBJECT, NEVERTHELESS, to restrictions, easements, and conditions of prior record. BEING Lot No. 1 on a certain final subdivision plan for CenTrust Trust recorded, in Cumberland County Plan Book 55, Page 67 and being part of Tract No. 1 and part of Tract No. 2 which Robert B. Failor, Sheriff of Cumberland County, Pennsylvania, by deed dated November 13, 1978 and recorded November 14, 1978 in the office of the Recorder of Deeds in and for Cumberland County in Deed Book "D", Volume 28, Page 524, granted and conveyed unto The Westport Company now by name change known as CenTrust Trust, Grantor herein. ?09-EJ?734 PACE 671 LAW dIFFI :FA- MAN 4IN.IWARIMUPP. WILLIAMS A I1Y7`II i I hereby certify that the precise residence and complete post office address of the within Grantee is Po rpsx ??3'3erw'lah, r 8'6 r3 Attorney fo antee COMMONWEALTH OF PENNSYLVANIA 1'?J110..1? ^ )t es. COUNTY OF RECORDED on this day of r° A. D. 19'?q , in the Recor er's Office of the said County in Deed Book V4ltuae Page UQ I . Given under nay hand a seal o the office, . the ' date above written.. , l • • Reco er C..+.?a? tat n rr, School Diat. tlmb. Co.. Pa, %Roal Ea TrensferTax ""! µi ; rvar ry r ?+= Comb. Co. Diet. ol. ApR /qj ...•......r?•`• Tv,mhipol- ?nn,?burr CWni ., Pa. a%RNI TrarwhrTax oau ?,'tt 40 Adz, va -? 6. co Dist W. AUL A Q6a 34 PACE 673 LAW 4 IFFIC6S- MART.us. neianMIFF, a•u.1.1+aa A 4 rr.: { Know all Men by these Presents ry That ROBERT B. FAILOR Sheriff of the County of 1 Cumberland in the State of Penmylvania, for and in consideration of the avm of $ 953, 000.00 Nine Hundred Fifty Three, Thousand ----------------- ---- ..00,- Nine lam. is } .i, to me in 4aud paid, do hereby grant and convey to The Westport Company, its successors and assigns. old private road' NorW'l degreo ' 2 South 36 degrees 34 mlain• 1973, in the Reiorders Office l Aforesaid, comprising 19.04 acres, r 12.02 feet, more or leas, to W East, 147.76 feet to an iron ALL THOSE TWO CERTAIN West , ereeta oe psrce4 of land and the 1 a P.K. will in the center of ¦ pin; more or leak improvements thereon, situst6.in { wooden bridge over a small run; 3. South 63 degrees 61 minu- AND ALSO EXCEPTING 34 teen THEREFROM that tract or par, 112 Cum- • W d 346' te conds East hi 10 T h6 d P N r 1 . , , owns egrees e se ennsboro. ort a East p, thence berbnd County; Pennsylvania, ; feet to a stakethence by a fence I to M Iron pin; cal conveyed by East Pennaboro more particularly bdunded'and l line, North ". degrees 26 minu-l• 4. North 86 degrees 12 minu• AasoclateduntoM.LW.Construe, described as follows, to. wit: tea 29 seconds But, 308.32 feet( tea 30 seconds East, 318.30 feet tion Corporation by deed dated t TRACT NO. 1 ! to a stake; thence South 6 de; to an ash tree; January 24, 1976, recorded In " BEGINNING at a nail in the pass East 860.6 feet to a stake; ' 5. South 28 degrees 16 minu-i Deed Book "X" Volume 26, center line of Valley Street (LL ; thence South no degrees 18 min•'tes 09 seconds East, 274.59 feet, Page 907, in the kecorder'a Of• i , e21051) at the Southeastern utes 87 seconds East, 31.06 test to an iron pin; rice aforesaid, comprising 1.88 corner of land now or formerly of Paul S. Pinci and wife; thence I to a point in a small streams 6. South 12 degrees 20, minu-I acres, More or lea thence by said stream the follow-; tea 40 seconds But, 121.46 feet by the center line'of said Valley ing courses and distances: to an iron pin; Street, North 77 degrees 30 min- East, 934.55 feet to a nail at utes 7 South 36 degrees 61 minu- 1. South 58 degrees 37 mlau• 40 seconds But 123.81 [eat f . Shoeman's Lanni (unopened ; ) thence by said lane, North 4 do- , Its 20 seconds West, 63.34 feet; to M iron pla; 2. South 38 degrees 66 mint-` 8. South T degrees 48 minu•' 1 greet 27 minutes; West.1,114.36 feet to an iron pie: thence by the too 42 seconds West, 39.20: feet; tea 80 seconds East 148.24 feet 8 South 84 degrees 37 minu ` ? I? •.v same, Norsk 36 d" 6 minutes 25 seconds Wkok 670.36 feet to s ,S n • : ••• ' too 34 seconds West, 100.82 feeG1 9 Soutii 29 defines 02 mina -? lewrAlp of . • • /? ? 4. North 66 degrees 40 minu i seconds East, 604.06 teat tea 10 Cumb Pa Co ) a pipe close to or -on Mountain Road;thence by land now or tor- . . ., tee 26 seconds West, 76.66 feet; i 6. North 33 degrees 10 minu-!' to an iron pin; 10. South 61 depose 07 min-, I% R041 E.We Irasslor.yas d 89 4 f W „ s n merely of Bernard -- tea 16 secon .0 eet] s est, a stake; utes 30 seccods East, 198.91 feet' c- ce p W 1 10 0 94 minutes South 67 degrees seconds West, 681.26 test to a North 89 d Woof, 231 to an iron pin in the center line fees of the private road mentioned Dab : • Amt. pipe; thenct by said Lovendushy feet to the P.K. Nail in the center; above; land and land of Dean. North 36 degree 20 minutes'60 seconds of a wooden bridge; I 11. South Ol degree East, by /{5 k G Dbl GI. Ayk thence by the center line ofl the confer line of said private West, 412.67 feet to a poet; , cold private road, South 1 degree ] road, 236.89 feet to an iron pin But 298 feet to a point bein p thence by land now or formerly of Nyloo H Drexler; South TO g , , in the enter line of asid private the Northwestern comer of land road at line of land of said ?g ?r i ? degrees 27 minutes 40 aecondt , PA . George B. and Dorothea E. Sch- West, 361.94 feet to a pipe; ; thence by the sane, North 28 ? .now or formerly of Paul S. Plaid;? river; thence by the latter land, School Ditt. Cumb. Co" P+• , thence by the latter land, the following courses and dis- r degrees 02 minutes West, 448.19 i i il North 77 degrees 42 minutes I tenses, to wit: try, 0.ss1 E.tat. Ica-M.r iaa • L _ E st 160 fe t to n ir n i g n a stone p e; feet to at iron p j thence South 71adepess 67 mkt- a - e p , a o n; I 1. South 77 degrees 42 minu- L q thence by the sane, South 1 de- too West 178.98 feet to an iron 7i( S% •........ A ff• `..••. / utes 48 seconds West 268.78 feet to a stake; then South 66 des. .• gee But 170 feet to the nail in Dstt the center line of Valley Street, p 8. South 12 degrees 18 minu- ?- - - '?f'^ c? ' greet 16 minute, s 20 seconds the Piece of Beginning-, containing tea Eaap 66 feet to an neon ptn; 0(st. Cal. Aob co b l . ' West, 316.54 Net to. a pipe': d . Com 67.136 acres, more or ess. 3. South 77 degrees 42 minu thence South 9'degnes 9 mina- tea 20 seconds East„388.68 fast - BEING the 'same premises too Brest, 300 feet to an iron pin; which Izabal L Kauffman and 4. South 12 degrees 18 minu• to an iron pin by a tree at line of Grover L Kauffman, her line- I tes But, 150 feet to a nail in the land now or formerly of George band, by their Deed dated July center line of Valley Street; n B, Schriver;thence by said Sch• 29, 1969, and recorded in the thence by said Valley Skeet, river land, the following courses Recorder's Office in and for I center line South 77 degrees 22. ! and distances; , Cumberland County, Pennsyl• .minutes Weal, 600.11 feet to i L North 88 degrees 01 minu• vania, in Deed Book "J", Vol- , We Place of Beginning too 40 seconds East, 46.69 feet to an iron pin; nine 23, Page 349, granted and; , CONTAINING 29.32 acres conveyed unto East Pennaboro j wore or kaa ' } 2. South 35 degrees 34 mina. tea. East, 147.76 feet to an iron Associates BEING the same premises TRACT NO.2: which George B Schriver and pin; 3. South 83 d epou 5l minu• BEGINNING at a nail in the orothee E Schrives, his wife, Il center line of Valley Street, at ` by their Deed dated July 29, tea 10 seconds Eat, 112.84 teat to an iron pin; line of land known as Mountain ; 1969, and recorded in the Re s'"cl View Estates, which nail is slco ? corder's Office aforesaid in Deed fvo 4. North 86 degrees 12 minu• to 80 seconds Bast, 318.80 feet , South 77 degrees 22 minutes'; Book" J", Volume 23, Page 346, r ro ?; West, 986.11 teat from • nail in ; granted and conveyed unto East to an ash tree; ; the intersection of the center Peamboro Auociates. a 6. South 28 degrees 16 minu• tot 09 second. But, 274.69 Get j lines of North Bola Drive (LR..j EXCEPTING FROM the a W ; 21062) and a private road run- xoa,,, e n have described tracts that pared Z. + ': rn c S to an !con pin; nine northward from said inter 6. South 12 degrees 20 mina. i section between land of George • located at the norihwecternmat Part condemned and taken by . " . too 40 seconds But, 127.46 feet '. & and Dorothea E. Schriver and o r=n ;lead now or formerly of Paul S. I' the Commonwealth of Pennyl• o to a iron pin Hi h n ; ways, g 7. South 36 degrees 61 minu• ; Plad and wife; thence by the,! vania, Department of at No. 235 May Term 1972 is tes 40 seconds East, 123.61 feet tine of land now or formerly j the Court of Common Pleas of to an iron pin; called Mountain View Estates,.- _ -^ 8, South 7 degrees 48 minutes ; North 9 degrees 9 minutes 20 'Cumberland County Penruyl~ , 30 seconds East, 14824 tat to ; seconds West, 1971.69 feet Parcel No. 6, Deed Book, vania , an iron pin; through a pat and tour iron; „N' Volume 24, Page 98; com- 9. South 29 degrees 02 minu• Pia, to an Iron pin, by a maple ; 957 acreh more or less. 4 in i i pr . s g Us 10 seconds East, 604.06 feet tree, st line of land of Label L . AND EXCEPTING THERE-. Kauffman; them by the latter ^ to an iron in l on,: p ; c FROM that tract or parce 10. South 61 degrees 07 mien- 7 I+nd the following couraw and Aaso veyed by East ast Pe Pennawboro bordi sse-, too 30 seconds East, 198.91 feet .I distances, to wit: ' data u unto to an ion pin in the center line w 1. North 88 degrees Ol mlau• j Corporstion by deed dated April' of a private road; I too 40 seconds But, 45.69 fat; 19jSt and re corded ApA 27? 28 , thence by the utter line of to an iron pin:. ., i ++.:. 3MM t 8 ta 8 mE 524.aa1,;/,4r ;a 9 EXHIBIT ?? E. r? I, 9 r J I i •L1 1 1 ' i MMO 0 u p p _ w the same having been sold by me to the said grantee, on the 13th day of Sentetnber Anon Domini one sevefty . thousand sine hundred and eig (19 78) after due advertisement according to law, under and by virtue of a writ of Execution issued on the 18th day of , July Anno Domini 19 78 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of civil Term. one thousand seventy 2406 mine hundred and P; 4h319 ?$ _) Number at the suit of HNC Mortgage and Realty Investors now known as Th e taestnnrt Cn- against. East Pennsboro Associates i>. ACE 1529.5 S in Witness Whesro4 I have hereunto afrmd my signature this z t ti day of November Arno Domii one thousand nine i sevebnty hundred and eita t (19 8) Sheriff Commonwealth of Pennsylvania, ss. Before the undersigned, Glenn R. Farner, Prothonotary of the Court of Common Pleas of Cumberland Co my Pennsylvania, Personally appeared ROBERT B. FAILOR ishruiff of goaog? V Cumberland county aforesaid, and in due form of law declared that the facts set forth M the' (ore Deed are true, and that he acknowledged the same in order that said deed might be recofded I, 77 Witness my hand and seal of said Court, this dsy sits. Novembes? 5 seyeRty - l a , t Anno Domioi one thousand ane hundred and (19 78) J ? i• Prothonotary -CrA MMONWEALTH OF?PENNSYLVANIA = WHARTMENT OF REVENUE ,tAA 1 ~? •; _ :? w, A1' VEA" do AMON41!EAlW O t4NSYLVA IA - DF?ARTM hit.?O VENkt1E= 1 U? thereby certify that the residence and Post Of me ' Pdmu of the within Grantee is 1 la ,,.;4? py "R IRANSFER AX - . t 940.0 0 "' ruvle1/ . i tf390 Pos Roa East West ort Ct. 06880 -_ !t+? • 6.1 P.&11162 COMMONW0At'rLl'9F FENNS LVt1NfA y a° DEPARTMENT Of REWENUE ee REALTY i•;A ?. TPANSUR MOYII ll ? 9 Q Q 1 o RLt1142 ? COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE _ e i° DEPARTMENT OF REVENUE l ({) 9 Q ?. D Q REALTY b tRANSFER ppv1171 _ n N REALTY ti XWER NOV1491 g O Q. O Y = o TAX P./.Ii162 P.&11162 r ' 42?8 PACE 526 1 i I. CNWEAL.TH of PENNSYLVANIA ? SS CO q .?.lyY CUMBERLAND I fiob Wtllepler. Recorder, do hereby Certify that the fomWnp Is a true and -, A? In W?tr?u my hand ofr al seal this f +` D y of •. 1 4 9 11-701-AT-Wom-tr Rood. Short Fore. Act of 1909-Arron-od for lhotaRocordinr My Commission Expires, 1St Mor&y, January 20M of 08 2 sa t i MADE THE ` day of July in the ytar i of our Lord one thousand nine hundred sixty-nine (1969). F_;rs'ft: Ca BETWEEN ISABEL L. KAUFFMAN and GROVER L. KAUFFMAN, her husband (in her right), of R. D. Dillsburg, York County., Pennsylvania, herein- `s after called 1:1 EXHIBIT B-3 Grantors j' and EAST PENNSBORO ASSOCIATES, a limited partnership, with an office at 400 Blackstone Building, Harrisburg, Pennsylvania, 17101, hereinafter called l kf Grantee f s WITNESSETH, that in consideration of Etghlj-Five Thousand and no/100------- -------------------------=------------------- 0659000.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantee its successors and assigns, i ALL that certain tract of land situate in East Pennsboro Town- ship, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a nail in the center line of Valley Street (L. R. #21051) at the Southeastern corner of land now or formerly of Paul S. Pinci and wife; thence by the center line of said Valley Street; North 77 degrees 30 minutes East, 934.55 feet to a nail at Shoeman's Lane (unopened); thence by said lane, North 4.degrees 27 minutes West, 1,114.36 feet to an iron pin; thence by the same, North 36 degrees 5 minutes 25 seconds West, 670.36 feet to a pipe close to or on Mountain Road; thence by land now or formerly of Bernard Lovendushy, South 67 degrees 34 minutes 10 seconds'West, 581.25 feet to a pipe; thence by ' said Lovendushy land and land of Dean, North 36 degrees 20 minutes 50 seconds West, 412.67 feet to a post; thence by land now or. kk ' formerly of Nyles H. Drexler, South 70 degrees 27 minutes 40 seconds F West, 351.94 feet to a pipe; thence by the same, North 28 degrees 02 a j minutes West, 448.19 feet to an iron pin in a stone pile; thence South 71 degrees 57 minutes 48 seconds West 263.78 feet to a stake; thence South 68 degrees 15 minutes 10 seconds West, 316.54.£eet to a pipe; thence South 9 degrees 9 minutes 20 seconds East, 333.58 woxK 23PAu 349 i 1 - feet to an iron pin by a tree at line of land now or formerly of George B. Schriver; thence by said Schriver land, the following courses and distances: 1. North 88 degrees Ol minutes 40 seconds East, 45.69 feet to an iron pin;' 2. South 35 degrees 34 minutes East, 147.76 feet to an iron pin; 3. South 63 degrees 51 minutes 10 seconds East, 112.34 feet to an iron pin; 4. North 85 degrees 12 minutes 30 seconds East; 318.30 feet to an ash tree; 5. South 28 degrees 16 minutes 09 seconds East, 274.59 feet to jl an iron pin; 6. South 12 degrees 20 minutes 40 'seconds East, 127.46 feet to an iron pin; 7• South .36 degrees 51 minutes 40 seconds East, 123.61 feet to 1 an iron pin; 8. South 7 degrees 48 minutes 30 seconds East, 146.24 feet to an iron pin; 9. South 29 degrees 02 minutes 10 seconds East, 504.06 feet to an iron pin; 10. South 61 degrees 07 minutes 30 seconds East, 198.91 feet to an iron pin in the center line of a private road. thence by the center line-of said private road, North 1 degree West, 12.02 feet, morc or less, to a P. K. nail in the center of a wooden bridge over a small run; thence North 5 degrees West, 345 feet to a stake; thence by a fence line, North 84 degrees 25 minutes 29 seconds East, 308.32 feet to a stake; thence South 5 degrees East 380.5 feet to a stake; thence South no degrees 18 minutes 37 seconds East, 31.05 feet to a point in a small stream; thence by said stream the following courses. and distances: 1. South 58 degrees 37 minutes 20 seconds West, 53.34 feet; 2. South 36 degrees 56 minutes 42 seccrids West, 39.20 feet; 3. South 84 degrees 37 minutes 34 seconds West, 100.32 feet; 4. North 66 degrees 40 minutes 26 seconds.West, 75.65 feet; 5. North 33 degrees 10 minutes 16 seconds West, 89.04 feet to a stake; 6. North 89 degrees West, 23 feet to the P. K. Nail in the center of a wooden bridge; thence by the center line of said private road, South 1 degree East, 298 feet to a point, being the Northwestern corner of land now .or formerly of Paul S. Pinei; thence by the latter land, North 77 degrees 42 minutes East, 160 feet to an iron pin; thence by the same, South 1 degree East 170 feet to the nail in the center line of Valley Street, the Place of Beginning; containing 57.135 acres, more or less, and being subject to the right-of-way; over the 9 foot wide lane, in favor of Clarence E. and Dolly E. Jacobs, their heirs and assigns, from Valley'Street (L. R.. #21051) to the wooden bridge mentioned above, being 468 feet, more or less, in length and together with_any right of the grantors herein to the common use of said lane or right-of-way including the 345 foot length along the Western boundary of said Jacobs land. BEING part of the same property which was conveyed to J..R. (also known as Jacob Raymond) Eslinger, by deed of Amelia B. Seider heirs, dated December 30, 1924, and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book "Y", Vol. 9, page 535. Jacob Raymond Eslinger died on Ppril 9, 1961, leaving a last will and testament since.duly probated and remaining of record in.Will Book No. 53, page 281, wherein 'said testator, inter alia, devised his remain- ing 6231 acres, more or less,. to Isabel L. Kauffman, which is the land herein conveyed. Said devise was confirmed to Isabel L. Kauffman by decree of the Orphans' Court of Cumberland County, dated October 25, 1966, and re- corded in the office of the Recorder of Deeds for Cumberland County in Deed Book "D", Vol. 22, page 1030. Said description is according to a survey thereof by William E. Sees, Jr.,(Drawing No. S-3200) dated December 18, 1963. BOOK 23eAGE 350 9 AND the said grantors hereby covenant and agree that they will warrant generally the property hereby conveyed. IornM?O ol??f't '.L.?.?.?.17?f Yt-tll?(?\, Cumb. Co., Pa. 1X R-II E?,I\d• Tpc.bt T•. Amf. ??fY C-4. C.. Dirt. C.I. AO. \K IN WITNESS WHEREOF, said gn the day and year first above written. tiianeb, pirsid anb Deliarreb in lht jlrtat+ue State of PENNSYLVANIA County of CUMBERLAND On this, the 4 ` .? iW K ?f' • v.. ?yl _, I ? I I ) f lntors havehe'reeuntto/set /thheir han& 9ndaccts F{cL _... _...... saAr. ESQ 1(LL?bg+ ISBAEL L. KAUF N 'FL ?. .»_. .._...?....?... a A6 L GR VER L. KA AN T?- c-f day of July 19 69 ,before me, the undersigned o&er, personally appeared Isabel L. Kauffman and Grover L. Kauffman, her husband, known to me (or satisfactorily proven) to be the person s whose name s are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. ?.•`"'??n,l ?W4TNESS WHEREOF, I hereunto set my hand and o8leial Beal s rr ' . f y? ?: ?iJ - ROGER B. IRWIN, NOTARY PUBLIC CARLISLFBORBUCfhtUNBCRCRnU'tUUNn'._......_..:--------- _ ............._.... MY COMMISSION EXPIRES OCT. 3. 1972 Title of Offilcer. I do hereby certify that the precise residence and complete post o&e address of the within named grantee is 400 Blackstone Building, Harrisburg, Pa. 17101 July a c] 1969. Attorney for -- BOOK? 23PAr* 35i COMMONWEALTH of PENNSYLVAt4A a County of CUMBERLAND I Robert P. Ziegler. Recorder, do hereby 3 G -Vol. 23 S pop h W r my hand otfidal Beal this l2? Day of d`? P.M. -Nun.V DMd, $but Pra At rd HOH-Amcp! fu Phar•S?ae.dlw - newraworw9em.. H.." Han, lt.. 1.dl.u P.. My Commisslon Expires, tat I , January 2002 rc :?-ca•crrwe er Tlrr Ei $ 2 5 • PPl M9 MADE THE 1 day of July, c`' Y rE:r.r . lL ..'''YYY of our Lord one thousand nine, hundred sixty-nine (1969). BETTVEEN GEORGE B. SCHRIVER and DOROTHEA E. SCHRIVER, his wife, of Mounted Route #2, Enola, Cumberland County, Pennsylvania, herein- after called ! Grantor. , and EAST PENNSBORO ASSOCIATES, a limited partnership, with an office at 400 Blackstone Building, Harrisburg, Pennsylvania, 17101, hereinafter called Grantee WITNESSETH,thatineoneiderationof Forty-Five Thousand and no/100 ($45,000.00) ------------------------------------------------------------- Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantor s do hereby grant and convey to the said grantee its successors and assigns, ALL that certain tract of land, situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEOIN111HO at a nail in the center iine or Yailey Streot, at i,,ne of land known a s Mountain View Estates, which nail is also South 77 degrees 22 minu tes West, 936.11 feet from a nail in the intersection of the center l ines of North Enola Crive (L.R. 21052) and a private road running' no rthward from said intersection between land of George B. and Dorothea E. Schriver and land now or formerly of Paul S. Pinci and Wife; thence by the line of land now or formerly called Mountain View Estates, North 9 ,degrees 9 minutes 20 seconds West, 1 971.69 feet through a post and four iron pins, to an iron pin, by a maple tree, at line of I land of Isabel L. Kauffman; thence by the latter land , the following courses and dis tances, to wit: 1. North 88 degrees 01 minutes 40 seconds East, 45.69 feet to an iron pin; i 2. South 35 degrees 34 minutes East, 147.76 fee t to an iron pin; 3. South 63 degrees 5.1 minutes 10 seconds East, 112.34 feet to an iron pin; 4. North 85 degrees 12 minutes 30 seconds East, 318.30 feet to i an ash tree; 5. South 28 degrees 16 minutes 09 seconds East, 274.59 feet to an iron pin; 1 1 6. South 12 degrees 20 minutes 40 seconds East, 127.46 feet to an t iron pin; 7. South 36 degrees 51 minutes 40 seconds East, 123.61 feet to an iron pin; 1`( 8. South 7 degrees 48 minutes 30 seconds East, 146.24 feet to an ' iron pin; EXHIBIT 9• South 29 degrees 02 minutes 10 seconds East, 504.06 feet to an iron pin; 10. South 61 degrees 07 minutes 30 seconds East, 198.91 feet to an iron pin in the center line of the :)riArate road me ntioned above; 6OCK? 23PAGE 346 k'1 1 . r ' Till 11. South 01 degree East, by the center line of.said private road, 236.69 feet to an iron pin in the center line of said private road at line of land of said George B. and Dorothea E. Schriver; thence by the latter land, the following courses and distances, to wit: 1. South 77 degrees 42 minutes West 178.98 feet to an iron pin; 2. South 12 degrees 18 minutes East, 65 feet to an iron pin; 3. South 77 degrees 42 minutes West, 300 feet to an iron pin; 4. South 12 degrees 18 minutes East, 150 feet to a nail in the center line of Valley Street; thence by said Valley Street center line, South 77 degrees 22 minutes West, 500.11 feet to the Place of Beginning. CONTAINING 29.32 acres, more or less. BEING part of the same property which was conveyed to J. R. (also known as Jacob Raymond) Eslinger, by deed of Amelia B. Seiders heirs, dated December 30, 1924, and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book "Y", Vol. 9, page 535. Jacob Raymond Eslinger died on April 9, 1961, leaving a last will and testament since duly probated and remaining of record in Will Book No. 53, page 281, wherein said testator, inter alia, devised 30 acres of his land to George B. Schriver, which is the land herein conveyed. Said devise was confirmed to George B. Schriver by decree of the Orphans' Court of Cumberland Cceinty, dated October 25, 1966 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book "D", Vol. 22, page 1032. Said description is according to a survey thereof by William E. Sees, Jr, (Drawing No. 5-3200) dated December 18, 1963. . r •a ?i ' =1 c: r.j k: ' .1 AND the said grantors hereby covenant and agree that they will warrant generally the property hereby eonveye(L fix Iwr•eYir .1 .:?•t+?J:.ls4:»,?,Yi?^1W L,?'`.o'?? 1 f?- r .'? y!„lt'"J/fi ??-?,, , r• i C M&. Co., Pa. 4` Real Estate Ttovelot Yes 1 = _ _ _ _ •?i ! .' _ i = Is Amt `ice( Q". G. DIM. CA A0. IN WITNESS WHEREOF, said grantors ha vehere'snto set Lheir hands and eeah the day and year first above written rites _ . . .... ...- .................... liig•ea, linlea •rD del' a ('i?` ? ? ?SCFIRIVE. i is the ?Tenellee of J11 ?? I State of PENNSYLVANIA j sa. County of CUMBERLAND On this, the ? r G day of July 1969 , before me, the undersigned officer, personally appeared George B. 'Sehriver and Dorothea E. Schriver, his wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the I within instrument, and acknowledged that they executed same for the purposes therein contained. I ' BINI )rl2NESS WHEREOF, I hereunto-set my hand and official seaL :'OV. .?(•ti lira. ?Li- _ ?. . 1 V 'TPA F'i ; ROCER S. IRWIN,•NONRY MJOLIC CARLISLE*8n0uwxv,.teExut,. - NTN ..............•............................... 1 "f• •?i',, ?' ? ??, -?; - MY CUI-USSION UPIRES OCT. 3, 1972 Title of Offleer. R, I S' I do hereby certify that the precise residence and Complete post ofw address of the within named gr/'antee is 400 Blackstone Building, Harrisburg, Pa. 17101 July - k 19 69 000K? 23,61 348 Grantee Attorney for __?...?...._--..----------•-- } RECOR9!+ RHB.5WLs DEM-1yp.-dw RtwKOER '.t ., - 4 UkBERLM.) COEE03 PENNSr. r4Nuxrr 48 ?4, J. 73 Zu"•' day of April in the star of our Loral One Thouesnd Niue Hundred and . SeVenty-three 11973), m9tWPVt EAST PENNS80RO ASSOCIATOS; a >;izlLited Eartrierg?t}ipe haVinq its principal office in. the City .of &ilrrisburg ' ?Cpunty Qf°, Daup?tin and Commonwealth of PennsylVani, Grantor:•and party ai9+.-the first part, AND M. L. W. CONSTRUCTION CORPORATION,. a.Maiyland corpoication, authorized to do*business in. the, Commonwealth ..of Pennsylvania as a' foreign corporation,-- with an:pff3+e for the.; tz;anssbtion;of business: in Chevy' Chase, 'Maryland, Grantee and party,, of the reeond part, ittiPBi3P#Ir Thes' the said pars y of the first pert. for and in eoneidentiou ofeheern,of One Hundred Fifty-two Thousand Three Hundred Twenty and 00/100 ($152,320.00), Dollars lawful soney of the united Mile, of America, well ind truly paid by the, asid•parl . of a# aoond part to the said party of the first pmt, at sad before the sealing aid delivery of that praente, the receipt whereof ie Aereby acknowledged, has Frosted. 6ar94". sold, aliened, enfeoffe4 "kneed, conveyed, and con/koted.4nd by these. preeente'do es print, barrain, all. . alien, eafeoff. r 9-0 eonocy, acid oonfirs rsso,she said party , .. of the ea0nd'pari s its SuOceis6rs 4dMand aeeipne, All. that certain piece or' parcel • of'.land situate ,iA 'the Township ' of East Pennsboro, County of Cumberland and Con'40nwealo.of Penn- sylvania, more particularly bounded and"descxbed.as follows, to wits, _ BEGINNING at a nail in the center line at Valley Road.. (L. R. #21051) at the southwestern corner of land now or formerly of George B. and Dorothea E. Schrivero'which'nail 3s ilso,south;77 degrees 22, minutes west, 436.00 feet -from a, nail in the rfii°section of:ihe center lines of North Enola Road.(L.R.'21052).;and a.ptivats .road running north ward from said intersection between, land. of-George-''8:. and Dorothea B. Schriver and land now or formerly of paul . 'Pinc,i-and wife; thence by line of land now or formerly of George e. and•Dorothea E. Schriver, north 12 degrees 18 minutes west, 150.00 feet to.an iron pin, at line of land of East Pennsboro Associtites, thence through the latter land, the, following courses and ;distances, to..wit: 1. Along a curve to. the right 6?ing a'radius' ofr 924.93' feet fora distance of 182.42 feet (ai toga po ntj 2..-North l degree,.. zero miAUtes west;:a•distance<of 206'0'00 *feet to a points ?- 3. Along a curve to the right_havinq a radius of 170.00 feet for .a distance of• 300-.02-feet (arc) t4:a poi tt' BOCI( L, 2SPACE ..?. s? f EXHIBIT . c? t. 4. North 42 degrees; 40 minutes east;-'a distance of 107.00 feat, to a point; 5. North 29 degrees, 20 minutes west, a distance of 237.00 feet.to a points 6. North 12 degrees; zero minutes., 37 seconds west, a distance of 560.24 feet to a point; 7. North 54 degrees, 20 minutes west, a distance of 237.00 feet to a point; 8. North 83 degrees, 40 minutes west, a distance.of 421.50 feet to a points , 9. South 74 degrees, 46 minutes., 16 segonds••westp a distance of 129,63 feet to a point-at the line of land of East Pennsboro Associates; thence by said line of land south 9 degrees ,.9 minutes, 20 seconds east, a distance of 1177.88 feet to'a pointf.thence through said land the following courses and distances% 1. North 76 degrees, 39 minutes, 5 seoonds east,•a distance of 533.57 feet to a points 2. Thence, starting in a direction south 27 degrees,-5S iainutes, 17 seconds west, along a curve to the'ieft having a radius of.,330.00 feet, for a distance of 166.58 feet (are) to a points' 3. South 1 degree, zero minutes east, a distance of.206.00 feet to a points 4. Along a curve to the left having a radius of 984.93 feet. for a distance of 194.25 feet (arc) to a points 5. South 12 degrees., 18 minutes east, a distance of 150.35 feet to a point on the centerline of Valley Roads r` 6. Thence by the centerline of Valley Road, north 7,7 degrees, 22 minutes east, 60.00 feet to the.place of beginning. CONTAINING 19.04 acres, more or less. BEING part of the same premises which George B. Schriver, et ux, by their Deed dated July. 29, 1969 and recorded in the•Offiee for the Recording of Deeds in and for the County of-.Cumberland in,;peed.Book "J", Vol. 23, Page 346, granted and conveyed unto East Pennsboro.: Associates, a Limited Partnership, -and also being part'.of the same premises which Isabel L. Kauffman, et vir', by their Deed dated July 29, 1969, and recorded in the office. for the Recording of Deeds in•and for the County of Cumberland in Deed Book "J", Vol. 23, Page 349 granted and conveyed unto East Pennsboro.Associates, a Limited Partnership. r v1fi lt •?I ?ti 17`Irii 4 a! ?'?t ` r ; ^.!?,.: .1+;,?,"=;r}.? •rl.; j'r ? to ;? f .• I»rFIfi41? iiiI'ri Fliv?+li i 3 J> , ..? ...:.{ ' A' 3(D 600K C25rAsE 974 • r Along centerline of Louise Court, North •80-degrees; 50 minutes, 40, seconds East, a distanca.of 105.00 feet to a point, the intersection of the centerlines of Louise Court and Brian Drive; j 9,. Atoms` the centerline-of Brian;Llrive,;North 9 degrees,, 9 I minutes, 20 seconds West, a distance 224.07 feet W a point; 10. Along a curve to the left hdv mg a radius of 50,00 fast, for J a distance of 6.26 feet to the point of beginning; containing: $` 4.31 acres, more or less. 1 BLOCK' 6 ., Beginning at a point, the intersection of Hits centerlinewof valley Drive and`Brian Drive, within the.land of East Pennsboro Associates, tPrence through the land-of East Pennsboro.Associatesthe following ' courses and distances: P?r :4 1. .North 60 degrees, 20` minutes, 49 -seconds West,. & distance P Jof $7.:00 feet to a• potent; 2. ;:South 78 degrees, 16 minutes; 36 Seconds West, adistance of.lb2,86 feet to a point on the centerline of Brian Drive; 3.. °,AtongA curve to the right having a radius of 100.00 feet,. for a distance of161.56 feet. to a point on the;centerline of Y?, ( Brian. Drive; 0 BOOR •213 FACE ':i?J I 1 4. North 9 degrees; 9 minutes, 20 seconds West, a distance'of* . 22.32 feet to a point on the centeriine of Brian Drive; S. South 80 degrees, 80 minutes, 40 seconds West, a distance of 163.84:feet to a point; 6. South 32 degrees, 21 minutes, 29 seconds West, a distance of 91.75 feet -to a point; 7. South a distance of 108.34 feet to a point= 8. : North 76 degrees, 39 mintues, 5 seconds East, a distance of 45526 feetto a pointf 0. South 78 degrees, 48 minutes, 29 seconds' East, at distance of. 31.48 feet to the point of beginning; containing 1.00 acres, c 4 Z. more or iess.' . I r. , ' { I i " B00& 213 PRE 32 G I h ? i I ---------- ----- a i SEVENTH AII1;ND141:141 1'Q DFCI.ARA'1'rON CREATING AND hS'1'/11i11S1iING W1'S'MOOD -VILiiAG1',zG•f NllOI I;1 7#?iJd ? ?? _ i 1919, ISy THE lJ1iS'rPUR I "Declarant"), pri.ncipal pl Conne W1 ihREAS, , "Westwood Vi.).].al;e Cunrlumi.nitun" was creatctl pu u N?^ provisions of the Unit Property Act of Ptr?tn:,ylvani,a, Act of July 3, 1.963, P.L. 1.96 KLty? x; m: the filing and recordation 'of the following document's 1, Declaration n Creating Conrlorni.ni.um, dated Jr ]975, in i Cor,nty, Pennsylvania, a, in Mine. Rook 213'at- page 283, as arnended by a First Amendment to Decl Westwood Vil] in the aforesaid . and Esteblishing Westwood Village Cundumitti)tm tia :ed July 2.1, 1976, and recorded in the aforr:::?id office in M i .at page 343, and as furlhr•r :unr•i I Declarati miniwn dated June ] an d re 9, 1R, 9 e o r ded i rS AFII .NI ma NIH LNr de i )M t h s 8th rl:?y of - -IZovertber, '' Ct)FII'ANY (hrrr.in ttti?? referred DLO as the a Mnssnchu,etts butilness trust, hu4ing its ace of business at 830 - Post Road East, Westport, cticut. 11 t T.N ? E S S E T Hi on Jmnr:?ry 29, 1375; the condunlini,urn known as rsuant to the (GS P.S. Section 700.7.01 et seg.) by a p grid Est. 'tbli. shing Westwood Village mu:rry 29, ]975, . and recorded on, January 29, the office of I:he Recorder of Deeds of Cumberland arati on Creating and Establishing al;e Conrluwi.nium dated May 28, ].97.6.. and recorded office in'Misc. Book 222 at page729, as vnended by ? !:r•eond Auu•?rrhuc:nt to Dec.Inration Creating ? rt, ?z i$c . Rook 223 , uled by a Third A?nendn,cnt L'o. uCreating -""d Iat:rhl'fahinl; Wescwood-Vi11:?Le Condo- ??; Lite ' afo resaid office :.. -1-?1st. BQOK 24?FasE h, 39.3 EXHIBIT I- certain Third Amendment to'Declaritibn Ptan o£'Westwood Village Condominium dated January 9, .1979,,and recorded on January:,2.3,_ 1979 in Plan Book 34 at Page 100; and amended by a certainFourth Amendment to Declaration Plan of Westwood Village' Condominium dated March 1 1979, and recorded on ilitch 12 ' 1979, in Plan Book 35 , Page 3 ; and amended by a certain Fifth Amendment j to Declaration Plan of Westwood Village Condominium dated November 9 , 1979, and recorded ;on November RI" , 1979, in Plan Book 31 , Page (hereinafter collectively referred to as the "Declaration Plan"). The Declaration, Code of Regulations "and!Declaration Plan are sometimes hereinafter referred to as the '"Condominium Documents". WHEREAS, Section 7A of the Declaration'aytborizes and' reserves unto the Declarant and its sue''eessors-`in title, in' their sole discretion and without the consent's f the Council or any.Unit Owner or the holder of any lien-,of any unit,, at: any time and from time to time within seven years from.tho date,;of recordation of the Declaration, to submit to the provisions of the Unit Property Act, and to subject'.. to,, and? Include`,: within the provisions of, the Condominium''Documehts?by amendment td the Declaration in the form of this Seventh Amendment, ono or, more of the tracts of land, or parts thereof,. more°'fu11y des- ' cribed in the Declaration and referred to tliereinas "Tract 1" "Tract 2" and "Tract 3", together with the buildings and otber` r improvements erected thereon."' " WHEREAS, Declarant hereby desires to submitlto-the Unit Property Act and to subject to, and include within the provisions ;;•. of, the Condominium Documents, a portion-.of Tract 3 togetl?er BOOK "249 PAcE • I and (b) indicates the unit designation of Gao t ineacli o$._ ehe buildings. From and after the date of tec?Ii1 ,tdpt'ion,'of ,sthe amendment- of the Declaration `Plan,all reference 'Ed,the`Declaration Plan shall be deemed to refer to the Declaration Plan as, amended. Section 4. From and after the date of xecordat•ion":of this Seventh Amendment, the proportionate undivMed'`-pennon!interest in the Common Elements assigned, to each of 0h4 114'`.un`i•t located in the land previously subjected by the Declarati'ons.3?shall be as set forth in Exhibit "B" attached..hereto arid' made a part hereof. Section 5. Nothing contained in this Seventh Amendment shall obligate Declarant or any of its'successor:s; in title to i ` subject Tract 2, the balance of Tract 3,.o both ?,.or;portions a> i : of either, to the Unit Property Act or the Condominium' Documents Nothing contained in this Seventh Amendment shall prohibitor be deemed to waive the rights under the Declaration of Declarant or any of its successors in title to subject Tra t 2, the.balanee of Tract•1, or both, or portions of either, to-Ol Unit Property Act or the Condominium Documents. Section 6. This SeventhAmendment shall become:, effective on the date when it is recorded in the off ic-e,,of,,the, Recorder of Deeds of Cumberland County, Pennsylvania,. Section 7, A11 terms and provisiotis of the,,:peclaration, the Code of Regulations and the Declaration Plan not -hereby expressly amended, shall continue in full force and effect. Section 8 . The exercise of the rights and privileges of the Declarant under the Declaration, as amended, the Code 60011 249 PACE 32'7 N li i° G i ` i 1 1 STATE OF CONNECTICUT ) SS. COUNTY OF FAIRFIELD On this, the F ` day of November, 1979,.before.me, a Notary Public, personally appeared Robert T. Coughlan, who acknowledged himself to be President of The Westport Company, a business trust, and that he, as such President, being authorized to do so, executed the foregoing instrument for the•purposes therein contained by signing the name of the trust by himself as President and desired that the same might be ;recorded as such. In witness whereof, I have hereunto set my hand and official. seal. q4t :..; . . Notar)r Public My Commission Expires Mar. 31,19837 ?" tp 1 b`?r?b••' Gn? r i EXHIBIT "A" Page 2 • a.. fast on a line common to block 3, a distance of 64.52 feet. • , to a point; 7. North 35 degrees, 52 minutes, 43 seconds East, a distance of 93.15 feet, to a point on the centerline of Louise Court; 8. Along centerline of Louise Court,. North 80 degrees, 50 minutes, 40 seconds Fast, a.distance cf'1U5,00 feet • to a point, the intersection of the centerlines of Louise Court and (Brian Drive; 9.' Along the centerline of Brian. Drive, North,''9 degrees, 9 ' f'• minutes, 20 seconds West, a distance 224.07 feet to a }• • point; 10. /Tong a curve to the left having a radius of 50.00 feet, for a distance of 6.26 feet to the point of beginning; containing ; 4.31 acra_c, more or less. - BOOK 240 PACE 331 Building -Number i EXHIBIT "B" ,SCHEDULE SHOWING_COMON'INTERESTS IN THE C01010N. ELEMENTS Page 2 Percentage of Block Number Unit Co interests in Co -Elements 2 L21 TH4 111 1.140 2. . L20.GA 115-101 0.684 2 L20.GA 115=102 '° 0.684 2 L20. GA 115-103 0.684 2 L20.GA 115-,104 0,623 2 L20.GA 115-201 0.684 2 L20.GA 115=202 0.¢84 2 L20.GA 1 57203 0.681 2 L20.GA 115 04, :., 0..,:552 2 L20.GA 115 Ol, 0.684 2 L20 GA _ 1157- 0 3, 6.684' 2 2 L20GA 115 30 L20 GA :115 04 0..6.81 0 552 2 . L19. TH4',119 ' 1 140 Z Ll8.TH4. 806 1..140 ' 2 2 L17. GA ,;_ GA : 810-IM L17 w 0.684 084 2 2 . : t?r L17.GA 810-103 GA 810 fi1Q? L17 0.•684 0623 . Ll7.GA 810??Q 0 684, .. 2 0 ' L17 . GA 810-42 2 0,'684 2 0 L17.GA 813 0..681 2 2 I17.GA 810,° 0 4 L17.GA '810 01 4 x ' 3 0:552 0.684 684 2 _ 8100 L17 . GA 0 . 2 L17.9A 810:,$0 0..68: , 2 L17.GA; 810-304' '" 0 2 L16 . TZA 814 ' 0 .584'. 2 L15 . TB 816 ' ,•:; 0 893' 2 L14. T2B; 818 0 602 : . 2 L13.T2B.820 0. 0.584 2 L12. T3 -` 822 0., 893 ` 2 Lll.T2A 824: 0.602 2 L6. F4 , 110 ; 1.140 . 2 L7. F3 •112 0,808 2 L8. F2 114 0.600. . 2 L9.F3 116 0.808 2 L10.F4 118= j' 1.140 3 L2.T2B 121 0.602 3 L3.TB 123 0.893 3 Ll.T2A 125 0.584 e00K 249 PAGE 333..: • :' III 46 1 I EXHIBIT "B" SCHEDULE SHOWING COMMON INTERESTS f r a ??, IN THE COMMON -ELEMENTS Page 4 Percentage of Building Block Unit Common Interests Number Number Designation i.,in Common Element 11 5 W7 T2B 4221 t.; 0.584 11 5 11 5 918. L38.T3 223 :k 0'09 L39;T2A 2'25 0;g 11 5 L40:T2A 821 0.599 11 5 L41.T3 823 ?'•' 0.918 11 5 L42.T2B 825 0.584 12 5 L43.F2 805 0.657 12 5 L44:73 807 0.850 12 5 L45.F2 809 . ft 0.657 12 5 L46.F3 811 '.iq 0.850 12 5 L47.F3 813 0.850 12 5 L48.F2 815 0.657 12 5 L49.F3 817' 0.850- 12 5 L50.F2 819 0:657 12 5 L51.T2A 821 - 0.599. 12 5 L52.T3 823 0.918 State of Pennsylvania t SS County of Cumberland j Recorded in the office for the recording of Deeds e N.. in and for Cumberlard.?County„ Pa. lro-&a SBook Vol o-- Pag ' e-? witness my hand and seal office at Car11sIa. Pa thI$"?- "Y Qt ! 19 Recorder soox 249 mg 335 1a5?3 Tax Pamel No. 09-12-2992-001A 11108255 THIS DEED, MADE THIS P 0- day of April, in the year of our Lord one thousand nine hundred ninety- eight (1998). BETWEEN KATHERINE N. PORR, monied wamau, r ;'• Grantor, and, KATHERINE N. PORR and WILLIAM H. BOPP, ` wife and husband, ere Grantees, co u? WiTNESSETH, that in consideration of ONE - - - - - - - - - ($1.00) DOLLAR, in hand paid, the receipt whereof is hereby acknowledged, the said grantor does hereby grant and convey to the said grantees, their heirs and assigns, ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan, referred to below as Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration creating and establishing Westwood Village condominium dated January 29, 1975, and recorded on January 29, 1975 in Misc. Book 213, Page 283, and amended by a certain First Amendment to Declaration creating and establishing Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976 in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration creating and establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976 in Misc. Book 223, Page 343, and a certain Third Amendment to Declaration creating and establishing Westwood Village Condominium dated June 9, 1978 and recorded on June 23, 1978 in Misc. Book 236, Page 225, and a certain Fourth Amendment to Declaration creating and establishing Westwood Village Condominium dated June 13, 1978 and recorded on June 23, 1978 in Misc. Book 236, Page 250, and a certain Filth Amendment to Declaration creating and establishing Westwood Village Condominium dated January 9, 1979 and recorded on January 23, 1979 in Misc. Book 240, page 884, and a certain Sixth Amendment to Declaration creating and establishing Westwood Village Condominium dated March 1, 1979 and recorded March 12, 1979 in Misc. Book 241, Page 836, and a certain Seventh Amendment to Declaration creating and establishing Westwood Village Condominium, dated November 8, 1979 and recorded November 27, 1979 in Misc. Book 249, Page 323, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975 and recorded on January 29, 1975 in Misc. Book 213, Page 328 and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 29, 1976 and recorded on June 22, 60dk 176 PAC[ 54 EXHIBIT f 1976 in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975 in Plan Hook 26, Page 15 and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976 and recorded on July 26, 1976 in Plan Hook 28, Page 72, and amended by a certain Second Amendment to Declaration Plan of Westwood Village Condominium dated June 16, 1978 and recorded on June 23, 1978 in Plan Book 33, Page 28 and amended by a certain Third Amendment to Declaration Plan of Westwood Village Condominium dated January 9, 1979 and recorded January 23, 1979 in Plan Book 34, Page 100 and amended by a certain Fourth Amendment to Declaration Plan of Westwood Village Condominium dated March 1, 1979 and recorded March 12, 1979 in Plan Book 35, Page 3, and amended by a certain Fifth Amendment to Declaration Plan of Westwood Village Condominium dated November 8, 1979 and recorded November 27, 1979 in Plan Book 37, Page 7, being designated on said Declaration Plan of Westwood Village Condominium as Unit No. 825, L36 F2, in Block No. 5, building no. 10 known as 825 Brian Drive, Enola, Fast Pennsboro Township, Cumberland County, Pennsylvania, as more fully described in such Declaration Plan and Declaration creating and etablishing Westwood Village Condominium as the same appears of record as set forth above. Including any amendment thereto, together with a proportionate undivided interest in the common elements (as defined in such Declaration) of six hundred fifty- seven thousandths percent. BEING the same premises which Katherine N. Porr and William H. Bopp, wife and husband, by their deed dated April 20, 1998 and recorded in Cumberland County Deed Hook Page , granted and conveyed unto Katherine N. Parr, married woman. This transaction is wholly exempt from Really Transfer Tax because it is a transfer from wife to wife and husband (72 PS Il 8101-C). And the said grantor hereby covenants and agrees that she will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said grantor has hereunto set her hand and seal the day and year first above written. Signed. Sealed and Delivered in the Presence of KA ERINE N. PORR ) ) Bllk 176 race- 55 Commonwealth of Pennsylvania ) ss. County of Cumberland ) On this, the °11 S* day of 1998, before nte, the undersigned officer, personally appeared Katherine N. Porr, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. /LF)fny, f ' 01fle of Officer r'7• t..n31-.. ,; r2 r`F.. ? Noh?i9?Sw1 PuCNc Olane M. !? .???and Counts Y? aoW! J :.? una , •ea My Ivn F._ I do hereby certify that the precise residence and complete post office address of the within named grantee is 936 River Road, Marysville, PA 17053. 1998 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } RECORDED on this 04 day of A.D. 191, in the Recorder's Office of the said County, in Deal Book I? Vol. _ , Page ---- .. Given under my hand and the seal of the said office, the date above written. Recorder. doox 176 PACE % 33-67 C wsf:ft?:, r:0 C0 U: I - Tax Parcel: 09-12-2992-001A- '98 OCT 2 flM 10 21 U102345 THIS DEED, KADE THE Of )- day of September in the year of our Lord one thousand nine hundred ninety eight (1998) BETWEEN BARBARA A. MORGAN, formerly known as BARBARA A. STODDART, also known as BARBARA STODDART-MORGAN, single woman , Grantor and DAVID E. SWEET and KELLI LYNN SWEET, husband and wife, Grantee: WITNESSETH, that in consideration of SIXTY SEVEN THOUSAND FIVE HUNDRED AND 00/100***( $67,500.00 ) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantor does hereby grant and convey to the said grantees, ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan, referred to below as Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretobefore been submitted to the provisions of the Unit Property Act of Pennsylvania, Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in Misc. Rook 213, Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976, and recorded June , 1976, in Misc. Book 222, Page 729, and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Misc. Book 223, Page 343, and a certain Third Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 9, 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 225, and a certain Fourth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 13, 1978, and recorded on June 23, 1978, in Misc. Book 236, Page 250, and a certain Fifth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated January 9, 1979 and recorded on January 23, 1979, in Misc. Book 240, Page 884, and a certain Sixth Amendment 860K 186 PAGE 563 EXHIBIT 0 E I to Declaration Creating and Establishing Westwood Village Condominium dated March 1, 1979, and recorded March 12, 1979, in Misc. Book 241, Page 836, and a certain Seventh Amendment to Declaration Creating and Establishing Westwood Village Condominium dated November 8, 1979, and recorded November 27, 1979, in Misc. Book 249, Page 323, and a Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded January 29, 1975, in Misc. Book 213, Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1975, and recorded on June 22, 1976, in Misc. Book 222, Page 737, and Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in Plan Book 26, Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded on July 26, 1976, in Plan Book 28, Page 72, and amended by a certain Second Amendment to Declaration Plan of Westwood Village Condominium dated June 16, 1978, and recorded on June 23, 1978, in Plan Book 33, Page 28, and amended by a certain Third Amendment to Declaration Plan of Westwood Village Condominium dated January 9, 1979, and recorded January 23, 1979, in Plan Book 34, Page 100, and amended by a certain Fourth Amendment to Declaration Plan of Westwood Village Condominium dated March 1, 1979, and recorded March 12, 1979, in Plan Book 35, Page 3, and amended by a certain Fifth Amendment to Declaration Plan of Westwood Village Condominium dated November 8, 1979, and recorded November 27, 1979, in Plan Book 37, Page 7, being designated on said Declaration Plan of Westwood Village Condominium as Unit No. 234 L35.F2 in Block No. 5, Building No. 10 known as 234 Brain Drive, Snola, Cumberland County, Pennsylvania as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto. HAVING erected thereon a dwelling known as 234 Brian Drive BEING designated as tax identification number 09-12-2992-OOIA-U1O2345 in the Deed Registry Office of Cumberland County, Pennsylvania. TOGETHER with a proportionate undivided interest in the Common Elements (as defined in such Declaration) of .657*. UNDER AND SUBJECT, nevertheless, to easements, restrictions, reservations, conditions and rights of way of record. BEING THE SAME PREMISES WHICH Larry J. Powers, single man, by Deed dated October 5, 1996 sand recorded November 21, 1996 in thF Recorder of Deeds Office in and for Cumberland County, Book 1.36 pw 564 Pennsylvania, in Deed Book 149, Page 421, granted and conveyed unto Barbara A. Stoddart. THE SAID Barbara A. Stoddart was formerly known as Barbara A. Morgan and is also known as Barbara Stoddart-Morgan. Z 9P9949M !9!M Sri a ig Bodk 186 PACE 565 C T 'wO 3 , Z . 0 0 0 0 0 0 0 6 0 0 0 ?p And the said grantor hereby covenants and agrees that she will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said grantor has hereunto set her hand and seal the day and year first above writ en. Signed, Sealed and Delivered \. o_ i G. in the Presence of /BARBARA A./MO GAN, f/k/a BARBARA A. STODDART, ??? a/k/a BARBARA STODDART-MORGAN STATE OF PANNSYLV IA COUNTY OF ctam w On this, the o-4 flay of September, 1998, before me, the undersigned officer, personally appe ared Barbara A. Morgan, formerly known as Barbara A. Stoddar t, also known as Barbara Stoddart-Morgan, known to me (or sat isfactorily proven) to be Cam, person whose name is subscribed to t he within instrument, d " ? acknowledged that she executed same If ?. for the purposes therRi?'1 contained. „ .. IN WITNESS WHEREOF, I hereunto set my hand and official= t Noladal Seal -Jan Bayless Notary PubKo x •?4,?.,,; ' , mpden -, Cumberland Cou& He My C=,. on Expires May 2B, 2007 TARP UB C U1 ,. ; Nembsf, PeM121* 2 Aesoddlon of Notaries I do hereby certify that the precise address of the within grantee off icee residence a com ete post is: P orl&,-, fw ^ \ , 1998. ?u i `'/4 ?das Agent for COMMONWEALTH OF PENNSYLVANIA ? COUNTY OF \ ?;mC]o(?1/?,? RECORDED on this 6lr?day of A. D. 1998, in the' Recorder's office of he said County, in Deed Book Vol. - pager' I ?.y Given under my hand and seal of the said office, r_he daCp written. ;: ,• Recorder „ fGr" =taco IaNO TRANSFERS INC. ??? N Q \\ WO Isb& im t{ r s? I/ { I!I!'I!;'?i l?I u7 `? h I? Z 2 S G 1 G 4 u ? f' > Ste. K W U1 6?? f562e0 THIS DEED MADE as of the 22nd day of December in the year of our Lord one thousand nine hundred eighty-one(1981) BETWEEN THE WESTPORT COMPANY, formerly known as HNC Mortgage and Realty Investors, a Massachusetts trust, of Westport, Connecticut, hereinafter refer- red to as Grantor, AND WESTWOOD VILLAGE COMMON FACILITIES ASSOCIATION, INC., a Pennsylvania non-profit corporation with its principal place of business at 650 Westwood Drive, Enola, East Pennsboro Township, Cumberland County, Pennsylvania, hereinafter referred to as Grantee: WITNESSETH, that the said Grantor for and In consideration of the sum of One ($1.00) Dollar, lawful money of the United States of America, unto it well and truly paid by the said Grantee at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, enfeoffed, released and confirmed, and by these presents does grant, bargain, sell, alien, enfeoff, release and confirm unto the said Grantee, its successors and assigns all those three certain tracts of land located in East Pennsboro Township, Cumberland County, bounded and described,as follows: TRACT NO. 1: BEGINNING at a point, the intersection of the centerlines 0o esstwoo ive and Charlotte Way, within the land now or formerly of The Westport Company; thence through the land now or formerly of The Westport Company the following courses and distances: South 35 degrees 31 minutes 11 seconds East, a distance of 45.00 feet to a point; East a distance of 110.00 feet to a point; South a distance of 205.00 feet to a point; West a distance of 60.00 feet to a point; South a distance of 155.71 feet to a point; West a distance of 20.4.20 feet to a point on the centerline of Westwood Drive; thence along the centerline of Westwood Drive, North 1 degree 0 minutes 0 seconds West, a distance of 144.50 feet to a point; along a curve to the right having a radius of 300.00 feet for a distance of 296.50 feet (arc) to the point of BEGINNING. Containing 1.88 acres, more or less and with improvements thereon erected. BEING the same premises which Robert B. Fa(lor, Sheriff of Cumberland County, Pennsylvania,. by deed dated September 13, 1978 and recorded November 14, 1978;in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book "D", Volume 28, Page 541, granted and conveyed unto The Westport Company (formerly of HNC Mortgage and Realty Investors), Grantor herein. ?? T 33 °t_ 705 sw?r 077ics8 - xwUzwtr, asa„aoner. rrurrwan r orm EXHIBIT TRACT NO. 2s Beginning at a nail set in the centerline of Westwood Drive, which point Is the intersection with southwest corner of Tract No. 1 herein; thence by the said.Tract No. 1, East 204.20 feet to an iron pin; thence by other land of the Grantor herein South 86.50 feet to an iron pin; thence by the same, West 202.36 feet to .a point In the centerline of Westwood Drive; thence by the same and curving to the right an are distance of twenty-five feet, such are having a radius of 954.113 feet to a point in the centerline of Westwood Drive; thence by same North 01 seconds 00 feet West 61.50 feet to a nail set In the centerline of. Westwood Drive, the Place of Beginning. Containing .404 acres and with improvements thereon erected. BEING the same premises which Robert B. Failor, Sheriff of Cumberland County, Pennsylvania, by deed dated September 13, 1978 and recorded November 14, 1978 in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book "D", Volume 28, Page 541, granted and conveyed unto The Westport Company (formerly of HNC Mortgage and Realty Investors), Grantor herein. TRACT NO. 3 BEGINNING at a point, on the centerline of Westwood O"m 6.86 at northeast of the intersection of the centerlines of Westw rive and Charlotte Way, within the land now or formerly of The Westport Company; thence through the land now or formerly of The Westport Company the following courses and distances; Along the centerline of Westwood Drive, North 62 degrees 40 minutes 0 seconds East, a distance of 10595 feet to a point; North 29 degrees 20 minutes 0 seconds West, a distance of 206.98 feet to a point; North 12 degrees 0 minutes 37 seconds West, a distance of 560.24 feet to a point; North 54 degrees 20 minutes 0 seconds West, a distance of 237.00 feet to a point; North 83 degrees 40 minutes 0 seconds West, a distance of 421.50 feet to a point; South 74 degrees 46 minutes 16 seconds West, a distance of 129.63 feet to a point on the property line of land now or formerly of The Westport Company; thence on said property line, South 9 degrees 9 minutes 20 seconds East, a distance of 20.11 feet to a point; North 74 degrees 46 minutes 18 seconds East, a distance of 127.92 feet to a point; South' 83 degrees 40 minutes 0 seconds East, a distance of 412.50 feet to a point; South 54 degrees 20 minutes 0 seconds East, a distance of 209.16 feet to a point; South 12 degrees 0 minutes 37 seconds East, a distance of 145.43 feet to a' point; South 0 degrees 3 minutes 4 seconds West, a distance of 130.34 feet to it point; South 9 degrees 9 minutes 20 seconds East, a distance of 392.30 feet to a point; South 28 degrees 14 minutes 52 seconds East, a distance of 129.53 feet to the point of BEGINNING. Containing 1.51 acres, more or less. BEING Part of the same premises which b rt B. Failoe, Sheriff of um e? 6 rTand County, Pennsylvania, by Deed ated October, 28, 1975, and recorded November 6, 1975 in the office of the Recorder of Deeds of Cumberland. County, Pennsylvania; in Deed Book "I", Volume 26, Page 73, granted and conveyed unto HNC Mortgage and Realty Investors, a Massa- chusetts business trust, in fee. HNC Mortgage and Realty Investors subsequently by lawful proceedings changed its name to The Westport Company, Grantor herein. EXCEPTING AND RESERVING, however, unto the Grantor herein, a 60 feet. wide easement over Tract 3 hereof to provide Grantor access for the development of .00; 733 PACE 706. J II LAM OrVICOO - ,[AWOW, DiAODORR. MLLIAH6 O OTrg I r t Y i i 9 ? I I s I d IF I ?A. Tract 2, Block 4, said Tract 2, Block 4 being identified in Exhibit C of the Declaration Creating and Establishing Westwood Village Condominium, recorded in the Cumberland County Recorder of Deeds' Office in Misc. Book 213, page 283. Said easement shall .be located at the convenience of the Grantor herein and may be moved from time to time within said Tract 3 upon consent of Grantee herein, which consent shall not be unreasonably withheld. TOGETHER" with all and singular the ways, waters, water-courses, rights, r f" liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits ? thereof, and. all the estate, right, title, interest,. property, claim and demand whatsoever, of the said Grantor in law, equity, or otherwise howsoever, of, in and to i , the same and every.part thereof, TO HAVE AND TO HOLD the said hereditaments and premises hereby granted or mentioned and intended so to be with the appurtenances, unto the said Grantee, Its successors and assigns, to and for the only proper use and behoof of the said Grantee, } Its successors and assigns, forever. i AND the said Grantor hereby covenants and agrees that it will warrant generally the property hereby conveyed. IN WITNESS WHEREOF, said Grantor has caused this instrument to be signed in 1 5i Its corporate name by its President and has caused to be affixed hereunto the common Asst. and corporate seal of the said corporation, attested by its Secretary, the day and year "first above written. STATE OF CONNECTICUT Il ' COUNTY OF FAIRFIELD On this., the 27tb dsy of :July. 1985bsfora se. .s Notary I? Public* the undersigned officer, personallF.appeared ALAN MERKUR, who acknoviedged himself to be the President of THE iI WESTPORT COMPANY,'& Massachusetts Business Trusto and that he as such officer being authorised to do se, executed the foregoing i 1 ) . instrument for the purpose therein contained by signing the . name of the trust.by such officer. IN WITNESS WHEREOF. I have hereunto set,my ban Aadaofdicial {i w` J ... `? seal. ?1 - 13 A Ea ;SAN M. w1P N ary Pu lic J 1 mm W" V. if fy that the prec eai`deritieaaind complete I do bereby"Urrti post office address of the vithin ed Cra tee is 00 Westwood 1. ,Drive, tools. PA 17025. 1 I .198 ? ii I? + l? for a t e I , 1 A ? Township of ?..?..?.. ?•? el ?? Cutnb. Co.. pa SCh001 Olst. Cumb. Co.. ? " ._ - h i ?? rL%RatEststelisnsfir7Wc .1 %RomEamslnesWUs in S4- / _/3 r`i 4 SllS ce na Oeu Doe Comb. Co. Dbq. Col. Aat Comb Co Dhx CoI Ayt i w coca ............,.P.c. III ii ,?_. ' T33 PACE 7W • fi k i a RECORDER'S USE ON_(Y i eu A Slal?la./md c:.. REALTY TRANSFER TAX ;;;,.,,,-? cUMMrxIwrAIIH Of rINNSrtvANIA STATEMENT OF VALUE ____.7. 3_.. ._... 1 UI PA-IMI III lit 01 VI NUf Y•y. Nv,Mu, ._.a eURtAU Of W01VIDUAE TAXES POW (11W Wx 0910 oa" Rord d V IlApelyaue(.;:pn 1(IDSe91o See Reverse forJnstruetions C ump oln aad,uKt stn and Mein duplicaue with Recorder of Deeds. when (I) the full volue/consideration is not set (onh in the deed, (2) when the deed R i+ wdkoul considamiioa. or by flirt, a (a) a tax exemption is claimed. A Statement of Vofve is not required if the transfer is wholly exempt from tax } I„"...1 (1( family relofionship or (2) public utility easemetd. If more space is needed, onach additional sheet(s). r i e • a w•„rx, T-1•phoee Numbs: + J(>IIW F. CiOE2YI' !t Cod-f 717) 763-4706 .r, •. m.Add-, CdY _ Srota zip Code 4807 Brimi POacl kiechLLnicabur¢, Pennsylvania, 17055 s Dais of A"apfailn oYD&.m•M_^ 12/15?AA no Wa.gtTK)rt. (Yx•1Txtny, fonlorly Grwe«p)rL.rseeUl Inc.:. ' SI11C slr?rl. 1•;r• t-j-0 Ilr`ol V TrLvVOLQ M Wnatnnrxi Ville.-.c ! "xYn Fncilitf.ca A.aactcintititf/ Srl.m Add n Strict Addrm -! _ _ F(:311_! 650 Westm)d Drive Cdy Slam. zip Coda • y Some ?{Yr• l v+rl Crrtlncrt.it?tlt.' - 1-:nnla 'Prnnsylvanin 17025 a1•,,..1 Ad.tr..... City, Tow-Ap,.oreegh WLxit•mxxI IVive PYhst Pennsboro Township C-my District - Tax parcel Nuu L1mltcrlantl least Ponnsboro 09-12- 992-005 A 1 A.N,d L I c...n,a,rAma z. an« cenxd..mi« a. Twat ca I,a.rala„ , I (x) - -- + i a. Covert' A WA Vulw 15,490 S. Ulnae Leval oe faster / S 3 D. Fair Mark Vole- - lea 3 /6F. 70 ?l O. xs / r , _ - 9 EXEMPTION .. :. 1,r. A-I W L-a•,0- Ciwm.d I b. parcemage of leters'" Co.«yed Check Appropriate Box Below for Exemption Claimed ?s .? Will or intestate succession - •'-? ?N«iw •f Di<r/iMl ._. tioar r11r H„wbwi. _ q?f} h.,! Troatler to industrial Development Agency. L..?. Trans(*, to agent or strove potty, )Attach copy oF-opeecyrstraw party ogmemsm). 'f I ?.j Transfer between -principal`aid agent. (Anach copy of agency/straw mud agreement). Tom Fold price deed S ___...... __._._.... _, Y i Transfers I,? the Commonwealth, the United States, and Instrumentalities by gift, dedication, condemnation or in five of condemnotion. {{{` ?f (Attach copy of resolution). C.? Transfer from mortgagor to a holder of a mortgage in default. Mortgage, took Number _ Page Number Corrective deed (Allach copy of the prior deed). } I? C. I Statutory corporate consolidation, merger or division.(ARach copy of asides). ?. 1 Other (please explain exemption claimed, iF other than fisted above.) 1?3 FACE 70 Under penolltes of lawn t fled•fe t! we examined this Stok"W stf acfxtmpanylnp In and to ON best of mV ktsewl•dge a and Mlw( it Is trw, car cempb e. - - _ (; ?Ngwatwe .(?..?_ ioRipeissi?erty .. i? f?,.. A'REVOCU) i ? rF 1, It : W l L 0 l?},I'l 4U0G -; :-Ni JJ 11 -1 - 3-- n.Jj _, L OVERSIZED DOCUMENT WESTWOOD HILLS ASSOCIATES, LLC, Plaintiff V. WESTWOOD VILLAGE COMMUNITY ASSOCIATION, KATHERINE N. PORR, and WILLIAM H. BOPP, and DAVID E. SWEET and KELLI L. SWEET Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA : Docket No. 2000-07898 PRAECIPE TO SUBSTITUTE CERTIFICATE OF SERVICE TO THE PROTHONOTARY: Please substitute the attached Certificate of Service for the Certificate of Service which was attached to the Complaint in Ejectment filed with this Court on May 10, 2007, in the referenced action. While the Complaint in Ejectment was served as set forth on the Certificate of Service, the Certificate of Service attached to the May 10, 2007, filing of the Complaint in Eject was inadvertently not signed. Date: May 11, 2007 Respectfully submitted, STEVENS Rona d M. Luc Attorney I.D. No. 18343 Ambrose W. Heinz Attorney I.D. No. 91021 17 North Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7356 Attorneys for Plaintiff Westwood Hills Associates, LLC S L 1722536v 1 /068380.00001 WESTWOOD HILLS ASSOCIATES, LLC, Plaintiff V. WESTWOOD VILLAGE COMMUNITY ASSOCIATION, KATHERINE N. PORR, and WILLIAM H. BOPP, and DAVID E. SWEET and KELLI L. SWEET Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2000-07898 CERTIFICATE OF SERVICE I, RONALD M. LUCAS, ESQUIRE, certify that on this date, I served a certified true and correct copy of the foregoing COMPLAINT upon the following parties of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Bret Keisling, Esquire Thomas Thomas & Hafer, LLP P. O. Box 999 Harrisburg, PA 17108 Date: May 10, 2007 Ronald M. Lucas SLl 720600vl /068380.00001 n _ u - , r t..:.:. ''...? ?-r-? .. _ -,,J ?^: 7l . `? : ? ?- l1t-? ; . _;! ('r? 11 WESTWOOD HILLS ASSOCIATES, LLC, Plaintiff V. WESTWOOD VILLAGE COMMUNITY ASSOCIATION, KATHERINE N. PORK, and WILLIAM H. BOPP, and DAVID E. SWEET and KELLI L. SWEET Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 2000-07898 PRAECIPE TO ATTACH NOTICE TO DEFEND TO THE PROTHONOTARY: Please attach the enclosed Notice to Defend to the Complaint in Ejectment filed with this Court on May 10, 2007, in the above-referenced action. The Notice to Defend was inadvertently omitted from the Complaint when it was filed. A copy of this Notice to Defend is being been served upon opposing counsel. Respectfully submitted, STE S & EE Date: June 8, 2007 Ronald M. Lucas Attorney I.D. No. 18343 Ambrose W. Heinz Attorney I.D. No. 91021 17 North Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7356 Attorneys for Plaintiff Westwood Hills Associates, LLC S L l 72 8 706v 1 /0683 80.00001 r WESTWOOD HILLS ASSOCIATES, LLC, Plaintiff V. WESTWOOD VILLAGE COMMUNITY ASSOCIATION, KATHERINE N. PORR, and WILLIAM H. BOPP, and DAVID E. SWEET and KELLI L. SWEET Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 2000-07898 NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 south Bedford Street Carlisle, PA 17013 800-990-9108 SL I 72 8706v 1 /06 83 80.00001 EN LA CORTE DE ALEGATOS COMUN DEL CONDADO DE CUMBERLAND, PENNSYLVANIA AVISO PARA DEFENDER CONFORME A PA RCP NUM. 1018.1 USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objectiones a las demandas puestas en esta contra usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland County Bar Association 32 south Bedford Street Carlisle, PA 17013 800-990-9108 Efective 1 de septiembre, 2003 Queja SLl 728706v1 /068380.00001 WESTWOOD HILLS ASSOCIATES, LLC, Plaintiff V. WESTWOOD VILLAGE COMMUNITY ASSOCIATION, KATHERINE N. PORK, and WILLIAM H. BOPP, and DAVID E. SWEET and KELLI L. SWEET Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2000-07898 CERTIFICATE OF SERVICE I, Ambrose Heinz, Esquire, certify that on this date, I served a true and correct copy of the foregoing Praecipe to Attach upon the following parties of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Bret Keisling, Esquire Thomas Thomas & Hafer, LLP P. O. Box 999 Harrisburg, PA 17108 Date: June 8, 2007 SLI 728706v 1/068380.00001 N cn N v THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification No. 72668 Bret Keisling, Esquire Identification No. 201352 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-441-7054 Attorneys for Defendants WESTWOOD HILLS ASSOCIATES, LLC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. WESTWOOD VILLAGE COMMUNITY ASSOCIATION, ET AL., NO. 2000-07898 CIVIL TERM Defendants JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 505013.2 it I 3 CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 717-240-6200 PENNSYLVANIA LAWYER REFERRAL SERVICE Pennsylvania Bar Association Post Office Box 186 Harrisburg, Pennsylvania 17108 (800) 932-7375 A V T S 0 LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los proximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demanders presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacibn o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAHMME. SI USTED NO TIENE UN ABOGADO, LLANE O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COND CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOME AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Lawyer Referral Service 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 717-240-6200 PENNSYLVANIA LAWYER REFERRAL SERVICE Pennsylvania Bar Association Post Office Box 186 Harrisburg, Pennsylvania 17108 (800) 932-7375 505013.2 THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification No. 72668 Bret Keisling, Esquire Identification No. 201352 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-441-7054 Attorneys for Defendants WESTWOOD HILLS ASSOCIATES, LLC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. WESTWOOD VILLAGE COMMUNITY ASSOCIATION, ET AL., NO. 2000-07898 CIVIL TERM Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER 1. Admitted. 2. Denied. The Defendant is misidentified. The Defendant's correct identity is the Westwood Village Condominium Association ("WVCA"). It is admitted that the WCVA's address is 650 Westwood Drive, Enola, Cumberland County, Pennsylvania, 17025. 505013.1 1 3. Denied as stated. Defendants Katherine N. (nee Porr) and William H. Bopp (`Bopps") own the subject property at 825 Brian Drive, Enola, ("Unit 825"). The Bopps reside at 399 Steigerwilt Hollow Road, New Cumberland, Cumberland County, Pennsylvania, 17070. 4. Denied as stated. Defendants David E. Sweet and Kelli L. Sweet ("Sweets") own the subject property at 234 Brian Drive, Enola, Cumberland County, Pennsylvania, 17025 ("Unit 234"). The Sweets reside at 741 Meadow Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 5. Denied. Although Defendants believe that the Plaintiff owns property in the vicinity of the Premises, as described in the Complaint, it is denied that the Plaintiff owns the property which is the subject of this litigation ("Disputed Area"). 6. Denied. The document attached to the Complaint as Exhibit B is a written instrument which speaks for itself. It is denied that the document attached as Exhibit B correctly identifies the boundaries of the Disputed Area. 7. Admitted in part and denied in part. It is admitted that all Defendants' respective interests descend from a deed dated April 20, 1973 and attached to the Complaint as Exhibit C. All other averments in this paragraph are denied as legal conclusions to which no response is required. To the extent that such averments are deemed to require a response, such averments are denied. 8. Admitted in part. It is admitted that on or about January 29, 1975, a Declaration Creating and Establishing Westwood Village was recorded. The document attached to the Complaint as Exhibit D is a written instrument which speaks for itself. By 505013.1 2 way of further response, Plaintiff attached to the Complaint only a portion of the Declaration Creating and Establishing Westwood Village. Also, the descriptions and boundaries were subsequently altered in a subsequent Amended Declaration which was duly recorded and is discussed more fully below in Defendants First Counterclaim. 9. Denied as stated. Although the description set forth in this paragraph describes a boundary line, it is denied that this line is the only recorded and "relevant" or correct description of the boundary of the Disputed Area. 10. Admitted in part and denied in part. It is admitted that the Bopps are the owners of the property identified as Unit 825. All other averments are denied as legal conclusions to which no response is required. 11. Admitted in part and denied in part. It is admitted that the Sweets are the owners of the property identified as Unit 234. All other averments are denied as legal conclusions to which no response is required. 12. It is admitted that WVCA is the owner of common elements in Westwood Village ("Common Elements"). The remaining averments in this paragraph are legal conclusions to which no response is required. To the extent that such averments are deemed to require a response, such averments are denied. 13. Denied as legal conclusions to which no response is required. By way of further response, and as discussed more fully below, the drawing attached to the Fifth Amendment to the Declaration Plan, which Plaintiff attached as Exhibit I, accurately indicates the proper boundaries of the Disputed Area. 505013.1 3 14. Denied. The Fifth Amendment Plan was a recorded document itself that existed before the Plaintiff's Property existed as such. By way of further response, the drawing that is part of the Fifth Amendment to the Declaration Plan accurately indicates the proper boundaries of the Disputed Area. 15. Denied. After reasonable investigation Defendants are without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded. 16. Denied. It is denied that buildings encroach on the Plaintiff s premises or that the ALTA survey is anything other than proof of something the Plaintiff should have known at the time its property was purchased. Further, an ALTA survey is not a recognized boundary survey without monumentation, i.e., reference to boundary monuments.. 17. Denied. It is denied that there is an encroachment on the Plaintiff's premises or that the ALTA survey is anything other than proof of what the Plaintiff should have known at the time its property was purchased. Further, an ALTA survey is not a recognized boundary survey without monumentation, i.e., reference to boundary monuments. 18. After reasonable investigation, Defendants are without specific knowledge to form a belief as to whether Plaintiff's counsel sent correspondence in 1999. To the extent that this alleged correspondence purports to assert legal conclusions, such conclusions are denied. 19. Admitted. 505013.1 4 20. Admitted. Count I: Claim for Ejectment (WVCA) 21. The responses of Paragraphs 1-20 are incorporated herein as if set forth at length. 22. It is denied that the WVCA's predecessor in interest unlawfully entered onto the Premises without right or authority. It is further denied that Plaintiff s predecessor was ousted from property it owned. 23. Admitted in part and denied in part. It is admitted that the WVCA has been in possession of the Disputed Area. It is denied that the Disputed Area is on premises owned by Plaintiff or that the WVCA has withheld from Plaintiff possession of Plaintiff's property. It is denied that Plaintiff has been damaged by the WVCA using land of which it is the legal and equitable owner. 24. Denied as a legal conclusion to which no response is required. By way of further response, the WVCA does have a legal and equitable interest to the Disputed Area. WHEREFORE, Defendant Westwood Village Condominium Association respectfully requests judgment in its favor and the dismissal with prejudice of Count I, together with whatever other such relief this Honorable Court deems appropriate. Count II: Claim for Ejectment (Sweets) 25. The responses of Paragraphs 1-24 are incorporated herein as if set forth at length. 505013.1 5 26. It is denied that the Sweets' predecessor in interest unlawfully entered onto the Premises without right or authority and caused portions of Unit 234 to be erected on the Premises. 27. Admitted in part and denied in part. It is admitted that the Sweets have been in possession of Unit 234 since September 29, 1998 and they have continued to maintain Unit 234 where it was built. It is denied that Unit 234 was erected on premises owned by Plaintiff or that the Sweets have withheld from Plaintiff possession of Plaintiff s property. It is denied that Plaintiff has been damaged by the erection and maintenance of Unit 234. 28. Denied as a legal conclusion to which no response is required. By way of further response, the Sweets do have a legal and equitable interest to the property on which Unit 234 was built and Unit 234 is not encroaching on Plaintiff s property. WHEREFORE, Defendants Kelli and David Sweet respectfully request judgment in their favor and the dismissal with prejudice of Count II, together with whatever other such relief this Honorable Court deems appropriate. Count III: Claim for Eiectment (Porrs) 29. The responses of Paragraphs 1-28 are incorporated herein as if set forth at length. 30. It is denied that the Bopps' predecessor in interest unlawfully entered onto the Premises without right or authority and caused portions of Unit 825 to be erected on the Premises. 505013.1 6 31. Admitted in part and denied in part. It is admitted that the Bopps have been in possession of Unit 825 since April 21, 1998 and they have continued to maintain Unit 825 where it was built. It is denied that Unit 825 was erected on premises owned by Plaintiff or that the Bopps have withheld from Plaintiff possession of Plaintiff s property. It is denied that Plaintiff has been damaged by the erection and maintenance of Unit 825. 32. Denied as a legal conclusion to which no response is required. By way of further response, the Bopps do have a legal and equitable interest to the property on which Unit 234 was built and Unit 234 is not encroaching on Plaintiff's property. 33. Denied as a legal conclusion to which no response is required. By way of further response, it is denied that the Bopps have denied fair use and enjoyment of his premises. It is further denied that the Bopps have encroached on Plaintiff's property. WHEREFORE, Defendants Katherine and William Bopp respectfully request judgment in their favor and the dismissal with prejudice of Count III, together with whatever other such relief this Honorable Court deems appropriate. Count IV: Continuing Trespass (All Defendants) 34. The responses of Paragraphs 1-33 are incorporated herein as if set forth at length. 35. It is denied that Units 234 and 825 and the Common Areas were placed or erected, intentionally or otherwise, on property owned by Plaintiff. 36. It is denied that Units 234 and 825 and the Common Areas encroach on Plaintiff s property or that Defendants have knowledge of the alleged encroachment. 505013.1 7 37. Denied as a legal conclusion to which no response is required. By way of further response, it is denied that the Defendants' property encroaches on Plaintiff's property. 38. Denied as a legal conclusion to which no response is required. By way of further response, it is denied that the Defendants' property encroaches on Plaintiff's property. It is further denied that Plaintiff has been denied fair use and enjoyment of its property. 39. It is denied that Defendants' property encroaches on Plaintiffs property. It is further denied that the maintenance of Defendants' property constitutes a continuing trespass onto Plaintiffs' property. WHEREFORE, Defendants Westwood Village Condominium Association, Kelli and David Sweet and Katherine and William Bopp respectfully request judgment in their favor and the dismissal with prejudice of Count IV, together with whatever other such relief this Honorable Court deems appropriate. New Matter 40. Plaintiff's claims are barred by the doctrine of estoppel. 41. Plaintiff's claims may be barred by the Statute of Limitations. 42. Plaintiff's claims may be barred by the doctrine of laches. 43. The Defendants are rightfully in possession of the Disputed Area. 44. The Defendants are good faith purchasers of the property in the Disputed Area. 505013.1 8 45. The Plaintiff had actual or constructive notice of the presence of buildings in the Disputed area prior to or at the time it purchased its property. Counterclaim I: Action to Quiet Title 46. Paragraphs 1-45 of Defendants' Answer and New Matter are incorporated herein as if set forth at length. 47. On November 27, 1979, the Westport Company, owner in fee simple, filed the Fifth Amendment to Declaration Plan of Westwood Village Condominium ("Fifth Amendment"), which was recorded in Plan Book 37, Page 7 at the office of Cumberland County Recorder of Deeds. A true and correct copy of the Fifth Amendment to Declaration Plan of Westwood Village Condominium is attached hereto and incorporated herein as Exhibit "A." 48. The Fifth Amendment extended the western boundary line of the property known as Westwood Village to the north by 53.24 feet. 49. The Fifth Amendment included a drawing of the new property boundaries which reflect the 53.24 foot extension of the western property line. The extension of the western boundary also changed the northern boundary. 50. On information and belief, the changes to the boundaries implemented by the Fifth Amendment to the original condominium Declaration Plan were designed to ensure that structures within the Westwood Village Community were located entirely upon condominium property. 505013.1 9 51. The change in the boundaries made by the Fifth Amendment caused an area at the northern boundary of the WVCA property that was not previously part of the condominium community to become a part of the community ("the Disputed Area"). 52. For a period of years, the Disputed Area remained unquestionably a part of WVCA property. 53. At some time subsequent to the filing of the Fifth Amendment, land immediately to the north of Westwood Village was sold to the Plaintiff or its predecessor in interest. This parcel to the north of Westwood Village is now under development as Westwood Hills Townhomes. 54. Prior to or during the development of Westwood Hills Townhomes, the Plaintiff discovered that the lands supposedly conveyed to it included the Disputed Area. This was allegedly due to the fact that the deed description for the WVCA property was never revised to conform to the changes made by the drawing included in the Fifth Amendment. 55. There are parts of two WVCA buildings located in the Disputed Area. These buildings were present prior to the Plaintiff's acquisition of the property now under development as Westwood Hills Townhomes. A diligent inquiry by the Plaintiff prior to purchase of the property would have disclosed this fact. 56. The Plaintiff had constructive notice that the Disputed Area was legally and rightfully part of WVCA, based on the drawing in the Fifth Amendment, duly filed with the Recorder of Deeds. 505013.1 10 57. The Plaintiff had actual notice that the Disputed Area was part of Westwood Village due to the presence of two buildings. 58. After this controversy arose, the parties attempted to amicably resolve the matter. In conjunction with those efforts, the Plaintiff created a parcel known as "Lot 129" which encompassed the part of the Disputed Area containing the Defendants' buildings. 59. The conveyance of Lot 129 to the Defendants and a surrender of any claim to the balance of the Disputed Area by the Plaintiff would resolve the controversy and allow the Defendant to continue development of Westwood Hills. 60. An action to quiet title is appropriate "to determine any right, lien, title or interest in the land or determine the validity or discharge of any document, obligation or deed affecting any right, lien, title or interest in land...." Pa.R.C.P. 1061(b)(2). 61. A controversy exists over title to the Disputed Area which must be resolved. 62. Pursuant to Pa.R.C.P. 1066(b)(2), Plaintiff, Westwood Village Condominium Association, brings this Action to Quiet Title as it relates to the 53.24 foot extension of the western boundary as depicted in the Fifth Amendment. WHEREFORE, Westwood Village Condominium Association requests this Honorable Court enter an Order: (a) declaring that Counterclaim Defendant is barred from asserting any right, lien, or interest in the Disputed Area based upon the Fifth Amendment to 505013.1 11 Declaration Plan Westwood Village Condominium, filed November 27, 1979 at the office of Cumberland County Recorder of Deed, at Book 37, Page 7; (b) ordering the Recorder of Deeds to reform the Fifth Amendment to Declaration Plan Westwood Village Condominium and subsequent Amendments so that the written description of the property boundary matches the drawing contained therein; (c) ordering the Recorder of Deeds to reform any other such conveyance which conflicts with (a) and (b) above. Counterclaim II: Iniunctive Relief 63. Paragraphs 1-62 are incorporated herein as if set forth at length. 64. The Defendant, as part of its development of Westwood Hills, intends to offer lots for sale, including lots which may partially lie within the Disputed Area. 65. A party may not convey land for which it does not hold title. 66. WVCA would be irreparably harmed in the event the Defendant conveyed any part of the Disputed Area. 67. Moreover, any purchasers of lots which may partially lie within the Disputed Area would obtain a clouded title and would widen the pending action. WHEREFORE, Westwood Village Condominium Association requests this Honorable Court enter an Order enjoining Defendant from conveying or attempting to convey any lot which partially lies within the Disputed Area. 505013.1 12 Respectfully submitted, THOMAS, THOMAS & HAFER, LLP By: Kevin C-McNamara, Esquire I.D.#72668 Bret Keisling, Esquire I.D. No. 201352 (717) 441-7054 Attorneys for Westwood Village Condominium Association DATE: Q l 2 Z.o n? 505013.1 13 VERIFICATION I, Judith L. Hailey, President of Westwood Village Counsel hereby verify that the averments made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date 6; dith L. Hailey 500173.1 M 0 d °60e (?431?A?3H S3Idi3S 00006 t -FIFTH AMENDMENT TO DECLARATION CREATING AND ESTABLY$HING WESTWOOD VILLAGE CONDOMINIUM E THIS FLFTH AMENDMENT made this ? day ofjliaw Qt cy . // 1929, by THE WESTPORT•CO:iPANY•(hereinafter referred to as the "Declarant"), a Massachusetts business trust, having its prin- cipal place of business at 830 Post Road East, Westport, i Connecticut- W I T N E S SETH:. WHEREAS, on January 29, 1975, the condominium known as "Westwood Village Condominium" was created pursuant to the provisions of the Unit Property Act of Pennsylvania, Act of i July 3, 1963, P.L. 196 (68 P.S. Section 700.101 et seq.) by ? the filing and recordation of the following documents: 1. -Declaration Creating and Establishing Westwood Village Condominium, dated January 29, 1975, and recorded on January 29,, 1975, in the -offi.ne of the Recorder of Deeds of Cumberland i. County, Pennsylvania, in Misc. Book 213 at page 283, as amended by a First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976, and recorded in the aforesaid office in Misc. Book 222 at page 729, as further amended by a Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21. 1976, and recorded in the aforesaid office in Misc, Book 223 at page 343,_and as further amended by a Third Amendment to Declaration Creating and Establishing Westwood Village Condo- minium dated June 9, 1978, and recorded in the aforesaid office / 850X 240 FACE 884 i i . f 7 • in Misc. Book 236 at page 225, and as further amended by a Fourth - Amendment to Declaration Creating and Establishing Westwood Village Condominium dated June 13, 1978, and recorded in the aforesaid office in Misc. Book 236 at page 250, (hereinafter collectively i referred to as the "Declaration"). 2. Code of Regulations of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in the office of the Recorder of Deeds of Cumberland County, f Pennsylvania, in Misc. Book 213 at page 326, as amended by a First Amendment to Code of Regulations of Westwood.Village Condominium dated May.28; 1976, and recorded in the aforesaid office in Misc. Book 222 at page 737 (hereinafter collectively referred to as the "Code of Regulations"). 3. Declaration Plan of Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975, in the office of the Recorder of Deeds of Cumberland County, Pennsyl- vania, in Plan Book 26 at page 15 as amended by a First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded in the aforesaid office in Plan Book 28 at page 72, and amended by a certain Second Amendment to Declaration Plan of Westwood Village Condominium dated June 16, 1978, and recorded in the aforesaid office in Plan Book 33 at page 28, and amended by a certain'Third Amendment to Declaration Plan of Westwood Village Condominium dated January 9 , 1979. and recorded on January•.?3. 1979 in Plan Book 3Y at page BY (hereinafter collectively referred to as the "Declaration Plan"). B9'J-1 240 PACE 885 I The Declaration, Code of-Regulations and Declaration Plan . are sometimes hereinafter referred to as the "Condominium Documents". WHEREAS, Section 7A of the Declaration authorizes and reserves unto the Declarant and its successors in title, in their sole discretion and without the consent of the Council or.any Unit Owner or.the holder of any lien of any unit, at any time and from time to time within seven years from the date of I r recordation of the Declaration, to submit to the provisions of the Unit Property Act, and to subject to, and include within the provisions of, the Condominium Documents by amendment to the Declaration in the form of this Fifth Amendment, one or i more of the- tracts of land, or parts thereof, more fully des- cribed in the Declaration and referred to therein as "Tract l", "Tract 2" and "Tract 3", together with•the buildings and other i improvements erected thereon. WHEREAS, Declarant hereby desirhs to submit to.the Unit Property Act and to subject to, and include within the provisions of, the Condominium Documents,-a portion of Tract 3 together with the buildings.and other.improvements which have heretofore been erected thereon or are presently in the process of being erected, or to be erected in the future,.thereon as set forth below. NOW, THEREFORE, pursuant to the Section 7 of the Declaration, and intending to be legally bound•hereby, Declarant hereby amends the Declaration as follows; Section 1. Declarant hereby subjects a portion of Tract 3, a metes and bounds description of which is attached hereto and ?zl Boox 240 PnE. 686 made a part hereof as Exhibit "A", to the Unit Property Ac t' and to the provisions of the Condominium Documents, together with the following buildings and other improvements thereon erected or presently in the process of erection: Section 2. The location of each building upon the part of r 'Tract 3 currently submitted is more particularly shown in the Third Amendment to the Declaration Plan. The Declarant declares that the buildings, if not.completed at the time of recordation of this Fifth Amendment, shall be deemed in all respects, when completed, to be subject to the provisions of the Condo- minium Documents. Section 3, Simultaneous with the execution and recordation of this Fifth Amendment, the Declarant shall execute and record an Amendment to the Declaration Plan which (a) describes the location of the portion of Tract 3, the location of the buildings and other improvements on the portion of Tract 3, and the location of each unit and the Common Elements within each of the buildings and (b) indicates the unit designation of each unit in each of the buildings. From and after the date of recordation.of the amendment of the Declaration Plan, all reference to the Declaration Plan shall' be deemed to refer to the Declaration Plan as amended. Section 4. From and after the date of recordation of this Fifth. Amendment, the proportionate undivided common interest in the Common Elements assigned to each of the 92 units located in the land previously subjected by the Declarations shall be- as set forth in Exhibit "B" attached hereto and made a part hereof, I Boas .244 PAcE' 58'7 h, S Section S. Nothing contained-in this Fifth Amendment shall obligate Declarant or any of its successors in title to. subject Tract 2, the balance of Tract 3, or both, or portions of either, to the Unit Property Act or the Condominium Documents. Nothing contained in this' Fifth Amendment shall prohibit or be deemed to waive the rights under the Declaration of Declarant or,any of its successors in title to subject Tract 2, the balance of Tract 3, or.both, or portions of either, to the Unit Property Act or the Condominium Documents. Section 6. This Fifth Amendment shall become effective on the date when it is recorded in the office of the Recorder of Deeds of Cumberland County', Pennsylvania. Section 7.' All terms and provisions of the Declaration, the Code of Regulations and"the Declaration Plan not hereby expressly amended, shall continue in full force and effect. Section 8 . The exercise of the rights and privileges of the Declarant under the Declaration, as amended, the Code of Regulations, as amended, and the Declaration Plan shall t . be exercised by THE WESTPORT COMPANY, and-this Amendment is executed by THE WESTPORT COMPANY, a'business trust existing under the laws of Massachusetts, through or by one or more of its trustees or officers in his or their capacity as such under an Agreement and Declaration of Trust dated September 27, 1971, as amended and restated from time to time, and not-ir4dividually. Neither the trustees, nor the officers, employees, agents.or shareholders of THE WESTPORT CO.IPANY shall be personally liable under the Declaration, as amended, or the Code of'Regulations, as amended,. or the Declaration Plan; the Unit Owners and/or Council and all others shall look solely-to the Trust.Estate of 24o mcE .888 i i 'I. A'GC`Y; ;••,._•?-,.?. ,...... _. . ... ... - ..... .. .. .__. .. _........?.:... .^.!• d`F: t•L.?..3... :`P CST r ??=!y ;.: •'.?,1Wr ::?:` THE WESTPORT COMPANY for the payment of any claim under the Declaration, as amended, or the Code of Regulations, as amended. or the Declaration Plan or for the=performance of any obligation. agreement, condition or term to be performed or observed by-' THE WESTPORT COMPANY under the Declaration, as amended, or the Code of Regulations, as amended. or the Declaration Plan or under ! any other agreement or document colrateral thereto. i IN WITNESS WHEREOF, the Declarant has executed this Fifth Amendment the day and year first above written. THE WESTPORT COMPANY Attest: Trustee , Secretary STATE OF CONNECTICUT ) : SS. GfIR?po? ?`- COUNTY OF FAIRFIELD ) On this, the 9 day of January, /1979, before me, a Notary Public, personally appeared T [.o. who acknowledged himself to be a Trustee of The Westport Company. a business trust, and that he, as such Trustee, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the trust by himself as Trustee, and desired that the same might be recorded as such. In witness whereof, I have hereunto set my hand and official.., seal. &Ndtary Public 0O c rilly BOOS 22{) PACE 889 EXHIBIT "A" DESCRIPTION OF PORTION OF TRACT 3, 14ESI1400D VIL7.AGE, EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY,.. PENNSYLVANIA, SUBMITTED -TO THE CONDOMINIUM DOCUMENTS WITH THE FIFTH AMENDMENT TO THE DECLARATION BL OCX 5 ' Beginning at a point, the intersection of the Centerlines of Brian '- t Drive and Lee Lane, within the land of East Pennsboro Associates, thence through the land of East Pennsboro Associates the following courses and.distances: ' i 'I. Along the centerline of Lee Lane North eO degrees, 50 - , .r.unutes, 40 seconds East, a distance of 240.00 feet to a point on the centerline of Lea Lbne; ; 2, North a distance of 195.04 feet to-a point; 3. 'North 83 degrees,. 40 minutes, zero seconds West, a 1 distance of :.32.34 fact to a point; • 4. South 74 degrees, 45 minutes, 18 seconds West, a distance of 127.02 ftct to a point en the property line of East Pennsboro . Y Associates; ' . 6_ 'thence on said property line South 9 degrees, 5 minutes, ' 20 seconds East, a distance of 570.70 feet to a point; BOOR 240 MC; 890 1 1% -k ExHIBiT "N" Page 2 6. Fast on a tine common to block 3,.a distance of 64.52 feet, to a point; 7. North 35 degrees, 52 minutes, 43 seconds East, a distance r of 93.15 feet,, to a point on the centerline of Louise Court; • S. Along centerline of Louise Court, North 80 degrees, 50 minutes, 40 seconds East, a distance of 105.00 feet •- • to a point, the intersection of the centerlines of Louise y Court and Brian Drive; 9. Along the centerline of Brian Drive, North 9 degrees, 9 ' mtnutcs, 20 seconds West, a distance 224.07 feet to a point; r - • .? :- • '10. Along a curve to the left having a radius.of 50.00 feet, for A distance of 6.26 feet to the point of begtnning; containing ; 4.31 acrc•.s, more or, less. BOOK ?_Q() PACE M 1 EXHIBIT '"B" SCHEDULE SHOWING COW1021 INTERESTS IN THE COMMON ELEMENTS Percentage of Building Block Unit Designation Common Interests in Common Elements Number Number 1 - L-1 1.532 1 L-2 1.085 1 L-3 0.807 1 L-4 1.085 1 L-5 1.532 1 L-6 0.786 1 L-7 1.200 1 L-8 0.786 1 L-10 1.254 1 L-9B 0.919 919 0 1 L-9C L-9D . 0.919 1 1 L-9F 0.919 1 L-9G 0.919 919 0 1 L-9H . 919 0 1 1 L-9K L-9L . 0.919 1 L-9H -0.919 837 0 1 L-9A . 837 0 1 L-9E . 837 0 1 2 L_9J L1.TH3D(801) . 1.254 1 1 2 L2.TH3 (803) -1.039. t , 039 1 1 2 2 L3.TH3 (805) "L4.TH3 (807) . 1.039 1 1 2 L5.GA 811-101 0.919 1 2 L5. CA 811-102 0.919 1 2 L5. CA 811-103 0.919 837 0 1 2 L5.GA 811-104 . 1 2 L5.GA 811-201 0.919 1 2 L5.GA 811-202 0.919 1 2 L5.GA 811-203 0.915 741 0 1 2 2 L5.GA 811-204 L5.GA. 811-301 . 0.919 1 1 2 L5.GA 811-302 0.919 1 2 L5.GA 811-303 0.915 741 0 1 2 L5.GA 811-304 . Bom 2!0 PACE 892 ?y.:.•sWA:.C.• :sa: .. .:?'.. _ ': v?: w,". ??+i.Y •L:.?-..i:::. .'.n:. _ :.,,r:,p r.3.-.'.. _- --:.I'? {y,?-Y:?..x •~•._•; .. FaC???':.. I W, • .EXHIBIT "B" SCHEDULE SHOWING COt ON INTERESTS IN THE C0124ON ELEMENTS Page 2 Percentage of Building Block Unit Common Interests' + Number Number, Designation in Common Elements 2 .2 L21. TH4` 111 1.532 2 2 L20.GA 115-101 0.919 2 2 L20.GA 115-102 0.919 2 2 L20.GA 115-103 0.919 2 2 L20.GA 115-104 0.837 2 2 L20.GA 115-201 0.919 2 2 L20.GA 115-202 0.919 2 2 L20.GA 115-203 0.915 2 2 L20.GA 115-204 0.741 2 2 L20.GA 115-301 0.919 " 2 L20.GA 115-302 0.919 2 2 L20.GA 115-303 0.915 2 2 L20.GA 115-304 0•.741 2 2 L19.TH4 119 1.532 3 2 L18.TH4 806 1.532 3 2 L17:GA 810-101 0.919 3 2 L17.GA 810-102 0.919 3 2 L17.GA 810-105 0.919 3 2 L17.GA 810-104 0.837 3 2 L17.GA 810-201 0.919 3 2 L17.GA 810-202 0.919 3 2 L17.GA 810-203 0.915 3 2 L17.GA 810=204 0.741 3 2 L17.GA 810-301 0.919 3 2 L17.GA•. '810-302 0.919 3 2 L17.GA 810-303 0.915 3 2 L17.CA -810-304 0.741 3 2 L16.T2A 814 0.786 .3 2 L15.TB 816 1.200 3 2 L14,T2B 818 0.809 3 2 L13.T2B 820 0.786 3 2 L12,T3 822 1.200 3 2 L11,T2A 824 0.809 4 2 L6.F4 110 1.532 4 2 L7.F3 112 1 085 4 2 L8.F2 114 . 0 807 4 2 L9. F3 116 . 085 1. -- 4 2 L10.F4 118 . 1.532 "'- 5 3 L2.T2B 121 0 809 5 3 L3.TB 123 . 1.200 5 3 LIMA 125 0.786 eooz 2do ma 8y3 ,l i +t II i i i . I I I ' i i I i I I L_ . EXHIBIT "B" SCHEDULE SHOWING MRION INTERESTS IN THE COMMON ELE14ENTS Pa&e 3 Percentage of Building Block Un it -Cormnon Interests Ntunber Number _-_- Des naCion. in Common Elements 5 3 L10.T2B 127 0.736 5 3 L11.TB 129 1.200 5 3 L12.T2A 131 0.809 5 3 L5.T2B 847 0.809. 5 3 L4.T2A 851 0.786 5 3 L6.TB 849 1.200 5 3 L8.T2B 848 0.809 5 3 L9.TB 850 1.200 5 .3 L7.T2A 852 0.786 6 •_ 5 L1.F2 201 0.819 , 6 5 L2.F3 203 . 1.029 6. 5• L3.F2 205 0.819 6 5 L4.F3 207 1.029 6 5 L5.F2 209 0.819 7 5 L17.T2A 841-117 0.786 7 5 L14.T2B $42-114 0,786 7 5 L16.T3 843-116 1.200 7 5 L13.•`P3 844-113 1.200 7 5 L15.T2B 845-115 0.792 7 5 L12.T2A 846-112 0.792 7 5 L8.T2A 847-108 0.792 7 5 L10.TZA 848-110 0.786 ; 7 5 L7.T3 849-107 . 1.2M 7. 5 L11.T3 850-111 1.206 7 5. L6.T2B 851-106 0.786 7 5 L9.T2A 852-109 0.792 State of PennsyNanie County of Cumbznand } SS Recorded in the office for the recording of Deeds ^o in and for Cumberland County Pa ._. °moo , . Soak Vol., 6L Page yG ; =? i Q :ex w tness my hand aQd sea, of fflce, CariLve Pa this ° ?"?/ at _?^ , - day of ty! z.,__ T yp Kr poi/ ,74x0 PAGE $9/ t ? • CERTIFICATE OF SERVICE I, Bret Keisling, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following person by placing same in the United States mail, first-class, postage prepaid on June 12, 2007: Ronald M. Lucas, Esquire STEVENS & LEE PC 17 N Second St 16th Fl Harrisburg PA 17101 THOMAS, THOMAS & HAFER, LLP By: 1 'Bre mg, Esquire 505013.1 14 ?? ?? t-y ?-?j /'T''? _? • ! r _'r! _. f ;`? T! r"_ 4: - ?a °°3 ? x: `? _. r ? t; •..? ?, r,'t ti ?.: ?? WESTWOOD HILLS ASSOCIATES, LLC, Plaintiff V. WESTWOOD VILLAGE COMMUNITY ASSOCIATION, KATHERINE N. PORK, and WILLIAM H. BOPP, and DAVID E. SWEET and KELLI L. SWEET Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA . Docket No. 2000-07898 CERTIFICATE OF SERVICE I, Ronald M. Lucas, Esquire, certify that on this date, I served a true and correct copy of the Praecipe and Notice to Defend filed June 11, 2007, upon the following parties of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Bret Keisling, Esquire Thomas Thomas & Hafer, LLP P. O. Box 999 Harrisburg, PA 17108 Date: June 13, 2007 Ronald M. Lucas Attorney I.D. No. 18343 Ambrose W. Heinz Attorney I.D. No. 91021 17 North Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7356 Attorneys for Plaintiff Westwood Hills Associates, LLC SLl 729732x1/068380.00001 C7 ? 4 CD, C" t tt ?? ? "7CJ WESTWOOD HILLS ASSOCIATES, LLC, Plaintiff V. WESTWOOD VILLAGE COMMUNITY ASSOCIATION, KATHERINE N. PORK, and WILLIAM H. BOPP, and DAVID E. SWEET and KELLI L. SWEET Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2000-07898 NOTICE TO PLEAD TO: Kevin C. McNamara, Esquire You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. STEVE ;?;EE Date: July 2, 2007 nald M. ucas Attorney I.D. No. 18343 Ambrose W. Heinz Attorney I.D. No. 91021 17 North Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7356 Attorneys for Plaintiff Westwood Hills Associates, LLC SL I 732816v 1 /068380.00001 WESTWOOD HILLS ASSOCIATES, LLC, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. : Docket No. 2000-07898 WESTWOOD VILLAGE COMMUNITY ASSOCIATION, KATHERINE N. PORK, and WILLIAM H. BOPP, and DAVID E. SWEET and KELLI L. SWEET Defendants REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIM WITH NEW MATTER AND NOW, comes Plaintiff by and through its counsel, and files the following Reply to New Matter and Answer to Defendants' Counterclaims stating in support thereof as follows: 40. Denied as a legal conclusion to which no response is required. 41. Denied as a legal conclusion to which no response is required. 42. Denied as a legal conclusion to which no response is required. 43. Denied as a legal conclusion to which no response is required. By way of further response, it is denied that the Defendants are rightfully in possession of the Disputed Area. To the contrary, Plaintiff holds legal title to the Disputed Area and Defendants' possession of the Disputed Area constitutes a continuing trespass on Plaintiff's property. Furthermore, Defendants admit in Paragraph 7 of their Answer that "all Defendant's respective interests descend from a deed dated April 20, 1973 and attached to the Complaint as Exhibit C," which contains a legal description of Defendants' property that did not encompass the Disputed Area. 44. Denied as a legal conclusion to which no response is required. 45. Denied as a legal conclusion to which no response is required. sLl 732816v 1 /068380.00001 WHEREFORE, Plaintiff Westwood Hills Associates, LLC, demands a judgment in its favor and against Defendants as set forth in Plaintiff's Complaint in Ejectment. ANSWER TO COUNTERCLAIM Counterclaim I: Action to Quiet Title 46. The allegations of Plaintiff's Complaint in Ejectment as set forth in Paragraphs 1 through 39, and the allegations of Paragraphs 40-45 of Plaintiff's Reply to New Matter, are incorporated herein as if fully set forth at length. 47. Admitted in part and denied in part. It is admitted that the Westport Company filed a Fifth Amendment to Declaration Creating and Establishing Westwood Village Condominium on November 27, 1979 (the "Fifth Amendment"), which was attached to the Counterclaim as Exhibit "A." It is also admitted that the Westport Company simultaneously filed a Fifth Amendment Declaration Plan (the "Fifth Amendment Plan"), which purportedly depicted, inter alia, "the location of the portion of Tract 3, the location of the buildings and other improvements on the portion of Tract 3, and the location of each unit and the Common Elements within each of the buildings." It is denied that a copy of the Fifth Amendment Plan was attached to the Counterclaim. The document attached to the Counterclaim as Exhibit "A" is a written instrument which speaks for itself. 48. Denied. The Fifth Amendment is a written instrument which speaks for itself. By way of further response, the Fifth Amendment did not extend the western boundary line of the property known as Westwood Village to the north by 53.24 feet. To the contrary, the legal 2 SL I 732816v 1 /0683 80.00001 description of the northern and western boundaries of the Westwood Village property in the Fifth Amendment is the same as the original deed. 49. Denied. The Fifth Amendment is a written instrument which speaks for itself. By way of further response, it is denied that the Fifth Amendment changed the western property line or the northern boundary. Rather, the legal description of the northern and western boundaries of the Westwood Village property as described in the Fifth Amendment is the same as the original deed. The Fifth Amendment Plan, by itself, does not evidence any intent by Westport Company to include additional property as part of the Westwood Village Condominium. Additionally, as more fully set forth in New Matter, subsequent amendments to the Declaration and Declaration Plans depict and describe the northern and western boundaries of the Westwood Village as set forth in the original deed. 50. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of these allegations and the same are therefore denied with proof thereof demanded. 51. Denied as a legal conclusion to which no response is required. By way of further response, it is denied that the Fifth Amendment changed the boundaries of the Westwood Village so as to add the Disputed Area to the Westwood Village. 52. Denied. It is denied that the Disputed Area was ever made part of the WVCA property or that the boundary of the Westwood Village was changed by the Fifth Amendment. By way of further response, subsequent recorded Amendments to the Declaration and Declaration Plans continue to describe the northern and western boundaries of the Westwood Village as set forth in the original deed. 53. Admitted. 3 SL1 732816v 1/068380.00001 54. Admitted in part and denied in part. It is admitted that Plaintiff discovered the Defendants' continuing trespass only during the development process for the development of Westwood Hills. It is also admitted that the legal description for the WVCA property has never been revised to depict the alleged alterations to the boundaries of the Westwood Village. It is denied that any change to the boundaries of the Westwood Village is contained in the Fifth Amendment. 55. Admitted in part and denied in part. It is admitted that there are portions of two WVCA buildings located in the Disputed Area and that these buildings were present prior to Plaintiff's acquisition of its property. The remaining averments are denied as legal conclusions to which no response is required. 56. Denied as legal conclusions to which no response is required. 57. Denied as legal conclusions to which no response is required. 58. Admitted in part and denied in part. It is admitted that the parties have attempted to amicably resolve this dispute and that Plaintiff created a parcel known as "Lot 129" which encompassed a part of the Disputed Area. To the extent that Paragraph 58 implies that this action was taken solely to resolve the instant dispute, the same is denied. 59. Denied. The remaining averments of Paragraph 59 are denied as conclusions of law to which no response is required. 60. Denied as a legal conclusion to which no response is required. 61. Admitted. 62. Denied as a legal conclusion to which no response is required. WHEREFORE, Westwood Hills Associates, LLC, requests this Honorable Court to enter an Order dismissing the Defendants' Counterclaim I, restoring Plaintiff to possession of the 4 SLl 732816v 1 /068380.00001 Disputed Area, and awarding Plaintiff costs and such further relief as this Court deems appropriate. Counterclaim II: Injunctive Relief 63. Paragraph's 1-39 of Plaintiff's Complaint in Ejectment and paragraphs 40-62 of Plaintiff's Reply to New Matter and Answer to Counterclaim are incorporated herein as if fully set forth at length. 64. Admitted. 65. Denied as a legal conclusion to which no response is required. By way of further response, Counterclaim Defendant holds legal title to the Disputed Area. 66. Denied as a legal conclusion to which no response is required. By way of further response, "Lot 129" upon which Counterclaim Plaintiffs' buildings are located is not being offered as a lot for sale. 67. Denied as a legal conclusion to which no response is required. WHEREFORE, Westwood Hills Associates, LLC requests this Honorable Court to enter an Order dismissing Defendant's Counterclaim II, restoring Plaintiff to possession of the Disputed Area, and awarding Plaintiff costs and other such relief as this Court deems appropriate. 5 SLl 732816v 1 /068380.00001 NEW MATTER 68. Paragraph's 1-39 of Plaintiff's Complaint in Ejectment and paragraphs 40-67 of Plaintiff's Reply to New Matter and Answer to Counterclaim are incorporated herein as if fully set forth at length. 69. On or about March 10, 1979, the Westport Company recorded with the Cumberland County Recorder of Deeds a Sixth Amendment to Declaration (the "Sixth Amendment"), at Book 241, page 836, which contained a legal description of the northern and western boundaries of Westwood Village identical to that provided by the original deed. A true and correct copy of the Sixth Amendment is attached hereto and incorporated by reference as Exhibit A. 70. On or about January 28, 1987, the Westport Company recorded with the Cumberland County Recorder of Deeds a Sixth Amendment to Declaration Plan (the "Sixth Amendment Plan"), at Plan Book 52, page 41, which depicted the northern boundary of the Westwood Village as described in the original deed, the Fifth Amendment, and the Sixth Amendment. A true and correct copy of the Sixth Amendment Plan is attached hereto and incorporated by reference as Exhibit B. 71. The Sixth Amendment provides that from the date of recordation all reference to the Declaration Plan shall refer to the Declaration Plan as amended by the Sixth Amendment Plan. 72. Counterclaim Plaintiffs' claims are barred by the doctrine of estoppel. 73. Counterclaim Plaintiffs' claims may be barred by the doctrine of laches. 74. Counterclaim Defendant is the legal title holder of the Disputed Area based upon the recorded chain of title. 6 SL I 732816v 1 /0683 80.00001 WHEREFORE, Westwood Hills Associates, LLC requests this Honorable Court to enter an Order dismissing Defendant's Counterclaim II, restoring Plaintiff to possession of the Disputed Area, and awarding Plaintiff costs and other such relief as this Court deems appropriate. Date: July 2, 2007 Respectfully Ronald M. Lucas Attorney I.D. No. 18343 Ambrose W. Heinz Attorney I.D. No. 91021 17 North Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7356 Attorneys for Plaintiff Westwood Hills Associates, LLC 7 SL I 732816v 1 /068380.00001 L ? ??i d 2- 711' LODZ 3HI JO VERIFICATION I, Donald H. Erwin, verify that I am the Sole Manager and Sole Member of Westwood Hills Associates, LLC, in the within action; that the attached Reply to New Matter and Answer to Counterclaim is based upon the facts of which I have personal knowledge or information furnished to me by counsel; that the language of the document is that of counsel and not my own; and that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. C Donal . resin Date: June 26, 2007 SLl 732438v1 /068380.00001 r: j • .r ; 1 1 I , SIXTH AME:N1)I K14T TO t DECLARATION CREATING AND 1:STALLISHING WESTWOOD VILLAGE, CONDOMINIUM THIS SIXTH. Aril NDMENT made this (1.1y of 1.979, by THE WESTPOWJL_'-C OMPANY (hereinafter referred to as the 7 "Declarant"), a Massachusetts business trust, having; its principal place of business at 830 Post Road East, Westport, i t f .Connecticut. W I T N F, S S E T H WHEREAS, on January 29, 1915, the condominium known as "Westwood Village Condomi.niimm" was created pursuant to the i provisions of the Unit Propei-Ly Act of Pennsylvania, Act of'' July 3, 1963, P.L. 196 (68 P.S. Section 700.1.01 et seq.) by .the filing; and recordation of the' ollowing; documents: 1. Declaration Creating; avid Establishing; Westwood Village" "Condominium, dated January 29, 1.9'!5, and recorded on January 29',.1975, in the office of the Rec_oi:der of Deeds of Cumberland County, Pennsylvania, in Misc. Book 213 at page 283, as amended' by. a First Amendment to Declaration Creating; and Establishing a6" Westwood Village Condominium dated I-lay 28, 1.976, and recorded ;? in'the aforesaid office in Misc. Book 222 at page 729, as further amended. by a Second Amendment to Declaration Creating' and Establishing; Westwood Village Condominium dated July 21,_ `;. 1976, and recorded, in the aforesaid office in Misc. Book 223 at page. 3/43, and' as further amended by a; Third Amendment to, Declaration Creating; and Establishing Westwood Village Condo- . ,i . minium dated June 9, 1978,, and recorded in the aforesaid offic. BOOK 241 PACE 83Ei f, Exhibit "A" in Misc.. Book 236 at Page 225, and as further amended by a Fourth Amendment.to Declaratiort Creating and Establishing Westwood Village Condominium dated June 13, 1978, and recorded a in the aforesaid office in Misc. Book 236 at Page 250; and a certain Fifth Amendment to Declaration Creating and Establishing Westwood Village Condominium dated January 9, 1979, and recorded .on January 23, 1979., in Misc. Book 240 at Page 884 (hereinafter collectively referred to as the "Declaration"). •?^^ 2. Code of Regulations of Westwood Village Condominium ;dated January 29, 1975, and recorded on January 29, 1975, in . ,the office of the Recorder of'Deeds of Cumberland County, b. Pennsylvania, in Misc. Book 213 at page 328, as amended by a ;t?Tirst Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded in the aforesaid ` office in Misc. Book 222 at page 737 (hereinafter collectively F., .referred to as the "Code of Regulations"):. 3. Declaration Plan of Westwood Village Condominium dated '.January 29, 1975, and recorded on January 29, 1975, in the office of the Recorder of Deeds of Cumberland County, Pennsyl- '`vania, in Plan Book 26 at page 15 as amended by a First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976, and recorded in the aforesaid office in Plan Book 28 I' at page 72, and amended by a certain Second Amendment to Declaration I? Plan of Westwood Village Condominium dated June 16,• 1978, and recorded -in the aforesaid office in Plan Book 33 at page 28, and amended by. a ? BOOK 211 PACE 837 certain Third Amendment to' Declaration; Plan of- Westwood, .Village Condominium dated January 9, 1979, and recorded on.January 23, be 1979 in Plan Book 34 at Page 100; and amended by a certain Fourth` er Amendment to Declaration Plan of Westwood Village Condominium $;'b dated 1979, and recorded on 1979, in Plan Book %IS, Page.:.?U-.(hereinafter collectively referred ar , to as the "Declaration Plan"). 4ram The Declaration, Code of Regulations and Declaration Plan are sometimes hereinafter referred to as the "Condominium n Documents ,,...?: HEREAS, Section 7A of the Declaration authorizes and k, 'a'n, . reserves unto the Declarant and its successors in title, in . 'wiI •' their sole discretion and without the consent of the*Council ` ..'erg ? . ?. or any Unit Owner or t'be holder of any lien of any unit, at any time and from time to time within even years from the. date of recordation of the Declaration, to submit to the provisions of the Unit Property Act, and to subject- to, and include within" th` t' of the provisions of, the'Condominium Documents by amendment to -' the Declaration in the form of this. Sixth Amendment, one or whc min more of the tracts of land, or parts thereof, wore fully des cribed in the Declaration and referred'- to therein as "Tract 1", c "Tract 2" and "Tract 3", together with the buildings and other-..- an improvements erected thereon. 4 : loc. IMEREAS, Declarant hereby desires to submit to the.Unir and Property Act, and to subject to, and include within the provisions of-4 of, the Condominium Documents, a,portion of Trace 3 together -.... .. B00}t 241 eacE b3$ y. Ylt • with the buildings. and other improvements which have heretofo e"? , been erected thereon or are presently in the process of being r erected, or to be erected in the future, thereon as set forth below. NOW, THEREFORE, pursuant to the Section 7 of the Declaration, +,.' and intending to be legally bound hereby, Declarant hereby ,',amends the Declaration as follows: 4, Section 1. Declarant hereby subjects a portion of Tract 3, ' a metes and :bounds description of which is attached hereto and made a dart,hereof as Exhibit "A", to the Unit Property Act I.? and to the provisions of the Condominium Documentsy together with the following buildings and other improvements thereon ,erected or presently in the process of erection:' Section 2. The location of each building upon the part of Tract 3 currently submitted is more particularly shown in the' Fourth Amendment to the Declaration Plan. The Declarant declares ,.that the buildings; if not completed at the time of recordation of this Sixth Amendment, shall be deemed in all respects, when' completed, to be subject to the provisions of the Condo- minium Documents. Section 3. Simultaneous with the execution and recordation of this Sixth Amendment, the Declarant shall execute and record an Amendment to the Declaration Plan which (a) describes the location of'the portion of Tract 3, the location of the buildings g; and 'other improvements on the portion of Tract 3, and the location of-each unit and the Common Elements within each of the buildings rS BooK 2Z I. PACE 839 7 T ' I II ` q.. , f t, I! ? l ? ! ? 1 ` EPE i l J ? Mali i p: ,r and (b) indicates the unit designation of* each unit in each of .-?. -.--------- of Regul the buildings. From and after the date of recordation of the be exerc amendment of the Declaration Plan, all reference to the Declara w executed Plan shall be deemed to refer to the Declaration Plan as amende i, under 'th Section 4. From and after the date of recordation of this its trus Sixth Amendment, the proportionate undivided common interest i an Agree the Common Element's assigned to each of the 92 unit's located as amend in the land previously subjected by the Declarations shall be , as set forth in Exhibit "B" attached hereto and made a part her Neither sharehol Section 5. Nothing contained in this Sixth Amendment, under:tl shall obligate Declarant- or any of its successors in title to as amens subject Tract 2, the balance of Tract 3, or both, or portions Council of either, to the Unit Property Act or the Condominium Document THE WESZ Nothing contained in this Sixth Amendment shall prohibit or ? Deelarat J be deemed to waive the rights under` the Declaration of Declaran , or the I or any of its successors in.title to.subject Tract 2, the balan agreemei of Tract 3, or both, or portions of either, to the Unit: Property ° THE WEST Act or the Condominium Documents. r Code of Section 6: This-Sixth Amendment shall become effective any oth( on the date when it is recorded in the office of the Recorder „- IN Amendme: of Deeds of Cumberland County, Pennsylvania. Section 7. All terms and provisions of the Declaration,' the Code of Regulations and the Declaration Plan not hereby ,;..Attest: ' expressly amended, shall continue in full force and effect. Section 8 The exercise of the rights and privileges of the Declarant -under the Declaration, as''amended, the Code - BOOK 241 PACE 840 fi.= i' of Regulations, as amended,-and the Declaration Plan shall be exercised by THE- WESTPORT COMPANY, and this Amendment is executed by,THE WESTPORT COMPANY, a business trust existing K under the laws of Massachusetts; through or by one or more of h.. its trustees or officers in his or their capacity as such under an Agreement and Declaration of Trust dated September 27, 1971, as amended and restated from time to time, and not individually. Neither the trustees. nor the officers, employees, agents or shareholders of THE WESTPORT COMPANY shall be personally liable 1..'under the Declaration, as amended, or the Code of Regulations, as amended, or the Declaration Plan; the Unit Owners and/or Council and all others shall look solely to the Trust Estate of THE 1ESTPORT COMPANY for the payment of any claim under the Declaration, as amexided, or the Code of Regulations, as amended, ,.-Or the Declaration Plan or for the performance of any obligation, agreement, condition or term to be performed or observed by THE WEST PORT COMPANY under the Declaration, as amended, or the '? Code of Regulations, as amended, or the Declaration Plan or under any other agreement or document collateral thereto. IN WITNES.S.WHEREOF the Declarant has executed this Sixth Amendment the day and year first above written. THE WESTPORT COMPANY ?. Attest: By PrKe s- ent {/Secret y EXHIBIT "Ate DESCRIPTION OF PORTION OF TRACT 3, WESTWOOD VILLAGE., EAST PENNSBORO T014NSHIP, CUMBERLAND COUNTY,.. PENNSYLVANIA, i SUBMITTED TO THE CONDOMINIUM DOCUMENTS WITH i THE FIFTH AMENDMENT TO THE DECLARATION BLOCK S 13eginning at a point, the intersection of the centerlines of ©rian ve and Lee Lane, vvilhin the land of East. Pennsboro Associates, ice through the land of East Pennsboro Associates the following. rses and distances: ' • , ?, . .. , : 1 • ` Along the centerline of Lee Lane North 80 degrees 50 •. ' • '' , . • rnViutes, 40 seconds East, a distance of 240.00 feet to a point on the centerline of Lee Lane; ,forth a distance of 195,04 feet to a point; ,•. ; 3. `North 83 degrees, 40 minutes, zero seconds West, a ' ' cHstance of CO?.44 feet to a point; . , ; ' .. 4. `South 74 degrees, 45 minutes, 18 seconds West, a distance of 127.02 ffuot to a point en the property line of East Pennsbor•o Associates; ' : ... .' S. .Thence on said property line South 9 degrees, 9 minutes, • ' ' '? 20 seconds East, a distance of 570.70 feet to a point; BOOK 241 PACE 843 I • ? . ij i (R y 1 w e. i r ?age 2 may ` ` st?'nCe of 64.`u2 feet 'r a, d! - p mom to block 3' . • t on line c ?? nos a dis 6. East, 43 seco t ' ' to a potnt; • roes 52 (-ninutes, Louise Cour ?r 85 deg ' Cet,terltne oP i.?orth t on the s 7 et, to a point eo degree • o f 33. i5 fe 1. °ui5o Court, No. 00 feet nM' t distance 05 1 ,terltne of y? r 1 ei , pton9 C 40 seCOr:ds Est, f a tines of troutsa a' 8. inutes, the center • 50 r' eCttono I otnt, the inters 1 1 to a p tan °rth g degreos' court and Car _ of Brian N feet to z? ;' a i 4 y the Contcrlinc dunce 224.0 • ; .; t pton9 est? a" •, 9. seConds ?. j. mtnutES, ? feet, s ,F 1 cii for 0.40 us of 5 • point; t avtn9 a ra• °ftaming ''"` h eft begtnntng; C • , • e to the of a cures to the point 1 ?,ton9 . 10. feet , . a. distance of a •26 • `• "} °'` • •3'1 aorcr, r•nore or test': ?r t f / t ?nc? 844 w? f d i ?tldtt V ? } •. • EXHIBIT 6 SCHEDULE SHOWIRG COMMOII INTERESTS IN THE COMON ELEMENTS pa g.e 2 ti Percep Building Block Unit Common } j Number Number Designation in Com? ---- 2 2 L21. TH4 111 1 2 2 L20. GA 115-101 0$? 2 2 L20.GA 115-102 0.11 2 2 L20. GA 115-103 2 2 L20. GA 115-104 0:5 2 2 L20. CA 115-201. 0 0*111 { 2. 2 L20.GA 115-202 ! 2 2 L20.GA 115-203 Ox 2 2 L20.GA 115-204 2 2 L20.GA 115-301 0•- 2 2 L20.GA 115-302 0•&1 2 2 L20.GA 115-303 0• 2- 2 L20.GA 115-304 2 2 L19.TH4 119 L 3 2 Ll8.TH4 806 t 3 2 L17.CA 810-101 0• 3 • . 2 L17. GA 810-102 a 3 2 L17.GA 810-I03 Ol ' 3 2 L17.GA 810-104 0 3 2 L17.GA 810-201 0; i 3 2 L17.GA 810-202 0• i 3 2 L17.GA 810-203 0. 3 2 L17.GA 810-204 0.4 i• 3 2 L17.GA 810-301 0: i ; 3 2 L17. GA 310-302 0. I . 3 2 L17. GA 810-303 0•, 3 2 L17. GA 810-304 0` 3 2 L16.T2A 814 0 3 2 L15.TB 816 1 3 2 L14.T2B 818 0 3 2 L13.T2B 820 O. 3 2 L12.T3 822 1 3 2 Ll1.T2A 824 0 4 2 L6 . F4 110 4 2 L7. F3 112 0 • 4 2 L8.F2 114 0 4 2 L9. F3 116 0' 4 2 L10.F4 118 1. !- 5 3 L2.T2B 121 0{ 5 3 L3.TB 123 t 5 3 L1.T2A 125 . v BOOK 24 t PACE 846 17- u; ,i 7 7 7 7 7 7 7 8 .8 ?. 9 r 9 ie Of Pen of CL Xde in Boc v tn.,ess r tie" Pa. G' • EXHIBIT " B" •• . ,. f. • ' SCHEDULE SNOWING COMMON XIJTERI?STS IN. THE M0,10N ELEMENTS P-=3 Percentage of Building ng Block •_ Unit Connnon Interests -`, Xwnber Number ,• Desi gnation. in Common Meme_ j 5 3 _ L1O. T2B 127 0.717 ` 5 3 L11. TB 129 1 095 3 S' L12 , T2A 131 . 0.738 *.; 5 3 L5. T2B 847 0.738 5 3 T_4. T2A 851 0.717 5 • 3 '•L6. TB 349• 1.095 5 3 • ' L8.T2B 848 . . . 0,738 - 5 3 • L9 . TB 850 1.095* 5 . 3 L7. T2A 852 0.717 A ' 6 •' S L1. F2 201 0.748 6 5 L2.F3 203 0.939 6 5 L3. F2 205 0.748 6 5 L4. F3 207 0.939 6 5 L5. F2 209 0:748 ' 7 5 L17. T2A 841-117 0.717 K? 7 5 L14.T2B 842-114 0.717 7 " • 5 •L16.T3 843-116 1.095 ?. 7 5 L13. T3 844-113 •: 1.095 7 5 L15 T2B 845-115 0 723 7 5 . L12.T2A 846-112 , 0.723 ..% ' '. 7 S L8. T2A 847-108 0.723 7 5 L10. T2A 848-110 '0.717 7 5 L7.T3 849-107 1.095 ... 7 5 L11.T3 850-111 1.095 • i 7 5 ? L6.T2B 851-106 0.717 7 .. . 5 L9. T2A 852-109 0.723 8• •?? - _ L18,F2 221-118 0,772 I 8 5 L19.F3 223-119 1.033 8 5 p; L20.F2 225-120 0.772 8 5 L21.F3 227-121 1.033 .8 5 t L22•F2 229-122 0.772 9 5 L23.F2 851-123 0,772 ;. 9 5 L24•F3 849-124 1.033* 9 5 L25.F2 847-125 0.772 9 5.. ' L26. F3 845-126 1.033 9 5 L27.F2 843-121 0.772 ' to Of Pennsylvania Vnt SS f C a . y a umberland in the office for the recording of Deeds 2M0 :ln and for Cumberland County, ,Pa. r,", _ ?m Book Vol. a/ Page 1L? 21 ' witness MY J)and d seal of •offi`ce• at T+ ^' `oo ills, Pa. this V X9 /" r•-;.°c^,,G'o Recorder gpq;; ? L PACE $47 COO OVERSIZED DOCUMENT F'-r- ?E 1) WESTWOOD HILLS ASSOCIATES, LLC, Plaintiff V. WESTWOOD VILLAGE COMMUNITY ASSOCIATION, KATHERINE N. PORK, and WILLIAM H. BOPP, and DAVID E. SWEET and KELLI L. SWEET Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2000-07898 CERTIFICATE OF SERVICE I, Ambrose Heinz, Esquire, certify that on this date, I served a true and correct copy of the foregoing Reply to New Matter and Answer to Counterclaim with New Matter upon the following parties of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Kevin C. McNamara, Esquire Thomas Thomas & Hafer, LLP P. O. Box 999 Harrisburg, PA 17108 Date: June 2, 2007 S L 1 732816v 1 /068380.00001 If 2- T%n tb Z 7- y ?n / 2 .f M a THOMAS, THOMAS 6 HAFER, LLP Kevin C. McNamara, Esquire Identification No. 72668 Bret Keisling, Esquire Identification No. 201352 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-441-7054 Attorneys for Defendants WESTWOOD HILLS ASSOCIATES, LLC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. WESTWOOD VILLAGE COMMUNITY ASSOCIATION, ET AL., Defendants NO. 2000-07898 CIVIL TERM JURY TRIAL DEMANDED DEFENDANTS' REPLY TO PLAINTIFF'S COUNTERCLAIM NEW MATTER 68. In response to this paragraph, the Defendants incorporate their Answer with New Matter and Counterclaim as if set forth at length. 69. Admitted with qualification. It is admitted that Exhibit A is a document filed with the Cumberland County Recorder of Deeds at the book and page number referenced and called the "Sixth Amendment." It is also admitted that the boundary description contained in the Sixth Amendment says what it says and is consistent with the original Deed. However, the deed description in the Sixth Amendment failed to reflect the boundary change sought to be accomplished in the Fifth Amendment. In any event, the boundaries described in the Sixth Amendment are plainly wrong, a fact which should have been known or easily discoverable to a 515345-1 perspective purchaser such as the Plaintiff at the time the parcel which later became Westwood Hills was acquired. 70. Denied as stated. It is admitted that Exhibit A is a document filed with the Cumberland County Recorder of Deeds at the book and page number referenced and called the "Sixth Amendment." It is also admitted that the boundary description contained in the Sixth Amendment says what it says and is consistent with the original Deed. However, the deed description in the Sixth Amendment failed to reflect the boundary change sought to be accomplished in the Fifth Amendment. In any event, the boundaries described in the Sixth Amendment are plainly wrong, a fact which should have been known or easily discoverable to a perspective purchaser such as the Plaintiff at the time the parcel which later became Westwood Hills was acquired. 71. Admitted in part and denied in part. It is admitted that the Sixth Amendment states that from the date of recordation of the amendment to the Declaration Plan, references to the Plan shall be deemed to refer to the Declaration Plan as amended. However, it is denied that the Sixth Amendment shows the correct boundary. 72. Denied. These allegations represent conclusions of law to which no response is required. 73. Denied. These allegations represent conclusions of law to which no response is required. 74. Denied. This allegation represents a conclusion of law to which no response is required. 515345-1 • 4 WHEREFORE, Defendants respectfully request that judgment be entered in their favor. Respectfully submitted, DATE: 2-1 1 2 oc7? THOMAS, THOMAS & HAFER, LLP r By: Ke . M Namara, Esquire I . D.#72668 Bret Keisling I . D. #201352 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7132 515345-1 - . 4 CERTIFICATE OF SERVICE I, Bret Keisling, Esquire, hereby certify that I have served a true and correct copy of the foregoing document on the following persons by placing same in the United States mail, -w1 postage prepaid and certified, on the day of August, 2007: Ronald M. Lucas, Esquire STEVENS & LEE PC 17 N Second St 16th Fl Harrisburg PA 17101 THOMAS, THOMAS & HAFER, LLP By: g, Esquire bFetEbi 515345-1 r-n ra ? r7 i :: 'c7 )rn 0.1 THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification No. 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-441-7054 Attorneys for Defendants WESTWOOD HILLS ASSOCIATES, LLC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. WESTWOOD VILLAGE COMMUNITY ASSOCIATION, ET AL., Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 NO. 2000-07898 CIVIL TERM JURY TRIAL DEMANDED TO: Counsel of Record Plaintiff intends to serve subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objections are made, the subpoenas will be served. Respectfully submitted, TH MAS, 7MAS & HAFER, LLP Kevin C. McNamara, Esquire DATE: /,-/)t -710 7 553960.1 CERTIFICATE OF SERVICE I, Jessica M. Swedenhjelm, Paralegal, for the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Ronald M. Lucas, Esquire STEVENS & LEE PC 17 N Second St 16th Fl Harrisburg PA 17101 Date: ` x q 553960.1 WESTWOOD HILLS ASSOCIATES, LLC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. WESTWOOD VILLAGE COMMUNITY ASSOCIATION, ET AL., NO. 2000-07898 CIVIL TERM Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Act One Consultants Inc 2656 Walnut Street, Harrisburg, PA 17103 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete file pertaining to the ALTA survey for Westwood Hills Associates, LLC, iob no.: 98-152 date 6/18/1998 including but not limited to all drawings field notes, memoranda and correspondence at: Thomas Thomas & Hafer LLP, 305 N. Front Street, Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Kevin C. McNamara, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7132 SUPREME COURT ID#: 72668 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 553965.1 s-? C„? ca ??'` ??? '? ? ?:.? ., THOMAS, THOMAS d HAFER, LLP Kevin C. McNamara, Esquire Identification No. 72668 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 717-441-7054 Attorneys for Defendants WESTWOOD HILLS ASSOCIATES, LLC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. WESTWOOD VILLAGE COMMUNITY ASSOCIATION, ET AL., NO. 2000-07898 CIVIL TERM JURY TRIAL DEMANDED Defendants CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4049.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant, Westwood Village Community Association certifies that (1) a Notice of Intent to Serve the Subpoenas with a copy of the subpoenas attached thereto was mailed to Plaintiffs' counsel on 12/17/07; (2) a copy of the Notice of Intent, including the proposed subpoenas, is attached to this certificate; (3) More than twenty days have passed and no objection have been made to the serving of the subpoenas (4) the subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to serve the subpoenas.3 TH MAS, THOMAS & HAFER, LLP C- yyl yl Date: --?s o Kevin C. McNamara, Esquire CERTIFICATE OF SERVICE I, Jessica M. Swedenhjelm, Paralegal, for the law firm of Thomas, Thomas & Hafer, LLP, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: Ronald M. Lucas, Esquire STEVENS & LEE PC 17 N Second St 16th FI Harrisburg PA 17101 Date: Je M. Swedenhjelm, Paralegal THOMAS, THOMAS & HAFER, LLP Kevin C. McNamara, Esquire Identification No. 72668 305 North Front Street 1'.O- Box 999 I larnshurg, PA 17108-0999 717-441-7054 Attorneys for Defendants WESTWOOD HILLS ASSOCIATES, LLC., t „" 1 '1 ...? 1 r ? 70 - i__j CTi C-n ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2000-07898 WESTWOOD VILLAGE COMMUNITY ASSOCIATION, ET AL., Defendants CIVIL TERM JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Counsel of Record Plaintiff intends to serve subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoenas. If no objections are made, the subpoenas will be served. Respectfully submitted, TH MAS, THOMAS & HAFER, LLP C. VKYI ?? .?? a?• Kevin C. McNamara, Esquire DATE: 1-21( -710 7 553960.1 CERTIFICATE OF SERVICE I.. Jessica M. Swedenhjelm, Paralegal, for the law firm of Thomas, Thomas & Hafer. LLP. hereby certify that I sent a true and correct copy of the foregoing document by placing a cop}, of the same in the United States Mail, first class. postage prepaid to the following: Ronald M. Lucas, Esquire STEVENS & LEE PC 17 N Second St 16th Fl Harrisburg PA 17101 Date: ? 553960.1 WESTWOOD HILLS ASSOCIATES, LLC., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. WESTWOOD VILLAGE COMMUNITY ASSOCIATION, ET AL., NO. 2000-07898 CIVIL TERM Defendants JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Act One Consultants, Inc., 2656 Walnut Street, Harrisburg, PA 17103 (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: A complete file pertaining to the ALTA survey for Westwood Hills Associates, LLC, job no.: 98-152 date 6/18/1998, including but not limited to all drawings, field notes, memoranda and correspondence at: Thomas, Thomas & Hafer, LLP, 305 N. Front Street, Harrisburg, PA 17101 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: Kevin C. McNamara, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108-0999 TELEPHONE: (717) 237-7132 SUPREME COURT ID#: 72668 ATTORNEY FOR: Defendant BY THE COURT: DATE: Seal of the Court Prothonotary/Clerk, Civil Division Deputy 553965.1 N) CJ wO PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUN'T'Y Please list the following case: ? for JURY trial at the next term of civil court. ® for trial without a jury. - - - ------------ - ------ - ---- - CAPTION OF CASE (entire caption must be stated in full) (check one) Westwood Hills Associates, LLC (Plaintiffl VS. Westwood Village Canminity Association, et al. VS. (Defendant) ? Civil Action - Law ? Appeal from arbitration civil Te= -.?Fal i ty (other) The trial list will be called on August 19, 2008 and Trials commence on September 15, 2008 Pretrials will be held on August 27, 2008 (Briefs are due S days before pretrials No. 07898 ) 2000 Term Indicate the attorney who will try case for the party who files this praecipe: Kevin C. McNamara, Esquire, 305 North Front Street, Harrisburg, PA 17101 Indicate trial counsel for other parties if known: Ronald M. Lucas, Esquire, 17 North Second Street, 16th Floor, Harrisburg,PA 17101 ??ar-Nar-?4 This case is ready for trial. Signed: Print Name: xet±± r? k% I c . ?1''1 c /(. Mua Date: (? / $ a Attorney for: G4,md -Y- k? .C. ? J ?? "r 9?s ?. .? -s1 ? ? ?'" ° ? fJ a?f' ? t ' '? }=try ..? ;1g ' - ? ..?... ? ? T?? ?? r=C?' -,.... WESTWOOD HILLS ASSOCIATES, LLC: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. WESTWOOD VILLAGE COMMUNITY NO. 7898 - 2000 CIVIL TERM ASSOCIATION, et al CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 72-H day of JULY, 2008, a pretrial conference in the above-captioned matter is SCHEDULED for TUESDAY, JULY 22, 2008, at 4:00 p.m. in Courtroom # 3 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memorandum shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five (5) days prior to the pretrial conference. TRIAL in the matter will be scheduled at the pretrial conference. Counsel are directed to have their calendars available. /VIN C. MCNAMARA, ESQUIRE XONALD M. LUCAS, ESQUIRE COURT ADMINISTRATOR A By the_4CgLVt, Edward E. Guido, J. It I VI WESTWOOD HILLS ASSOCIATES, LLC., WESTWOOD' ASSOCIATI'. Plaintiff v. VILLAGE COMMUNITY DN, ET AL., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-7898 CIVIL TERM CIVIL TERM - EQUITY IN RE: PRETRIAL CONFERENCE A pretrial conference was held Tuesday, July 22, 2008, before the Honorable Edward E. Guido, Judge. Present for the Plaintiff was Ambrose W. Heinz, Esquire, and present for the Defendants was Kevin C. McNamara, Esquire. This is a boundary dispute that will take approximately one day to one and a half days to try. We have schedule the bench trial to commence at 9:30 a.m. on Monday, September 29, 2008, in Courtroom Number 3. Counsel are directed to forthwith check with all of their witnesses to determine their availability. No request for continuance will be granted, except f r emergency, unless made within 10 days of today's date. In the event that we are unable to finish the trial on Monday, September 29, 2008, we will continue trying the case on Thursday, October 2, 2008, commencing at 1:00 p.m. The parties are directed to exchange all exhibits with opposing counsel by September 1, 2008. Any objections to the exhibits other than as to relevancy shall be filed in the form of motion in limine. All motions in limine, with appropriate legal authority, must be filed by September 15, 2008. All responses, with supporting authority, shall be filed by September 25, 2008. .' The parties are further directed to pre-mark all exhibits brior to commencement of trial. F Edward E. Guido, J. Ambrose 1 Stevens 17 North 16th Floi Harrisbu: Attorney Heinz, Esquire Lee Second Street r g, PA 17101 for Plaintiff Kevin C. McNamara, Esquire Thomas, homas & Hafer, LLP P.O. Box 999 Harrisbu g, PA 17108-0999 Attorney for Defendants Court Administrator srs K ;w x??' 4' v ?C':???4?? ?? ?{ r. Q ? .? `'??- '?` -416 WESTWOOD HILLS ASSOCIATES, LLC, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff V. . PENNSYLVANIA . WESTWOOD VILLAGE COMMUNITY ASSOCIATION, et al., No. 2000-07898 CIVIL TERM Defendants PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, satisfied and discontinued with prejudice. Date: November 5, 2008 4STEXENS & LEE . Bradshaw Attorney I.D. #61975 Ronald M. Lucas Attorney I.D. #18343 Ambrose W. Heinz Attorney I.D. #91021 17 North Second Street, 16th Floor Harrisburg, PA 17101 (717) 255-7377 (717) 371-7394 (Facsimile) awh@stevenslee.com Attorneys for Plaintiff SLI 868335v1 /06 6380.00001 WESTWOOD HILLS ASSOCIATES, LLC, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. WESTWOOD VILLAGE COMMUNITY ASSOCIATION, et al., No. 2000-07898 CIVIL TERM Defendants CERTIFICATE OF SERVICE I, AMBROSE W. HEINZ, ESQUIRE, certify that on this date, I served a true and correct copy of the foregoing Praecipe to Discontinue upon the following counsel of record, by depositing the same in the United States mail, postage prepaid, addressed as follows: Kevin C. McNamara, Esquire Thomas, Thomas & Hafer, LLP 305 N. Front Street P.O. Box 999 Harrisburg, PA 17108 Date: November 5, 2008 SLI 868335v1/068380.00001 2 - c n (D - -10 7-Q 'i 7 Ql "'?